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Originally Posted by dom_105
Where does it stop? If someone overtakes me and has a head on with a car heading in the opposite direction, am I partly responsible?
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Possibly, generally not.
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My car caused the accident, if I wasn't on the road at that particular time and at that particular spot, there would be no crash.
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1. A car cannot of itself cause a crash.
2. If you are on a road, being overtaken, and have not sped-up or otherwise moved out to intimidate the overtaking driver, then you are *not* responsible, nor is your car:-)
3. There would be 'no crash' IF,- the overtaking driver had better judged distance and closing-speed, had indicated>>>>> before moving out, kept those on till past you, then signalled left<<<< to move back in.
In addition, before overtaking, one is also allowed to give a quick flash of the high-beam headlights, to better alert traffic ahead of your presence.
Last bit is ideal for rural open-road driving and some freeway conditions, it arrived into AUS law decades ago because its a permitted action under the UN Road Traffic Convention.
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What happens if I was not driving, if I had broken down and couldn't get my car totally off the road, does that make a difference? Does anybody know if the law makes a distinction between these scenarios?
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A broken-down car is always a possibility, and sometimes will be crashed into by approaching traffic.
These become court matters where death results, or in the case of serious injury. Issues here of actionable negligence and contributory actions on the part of all involved come into question.
Basically - we are required to keep a breakdown scene as safe as possible; vis
* Hazard warning lights ON.
* Ignition switch OFF in crashed vehicles. (Reduces chance of fire).
* Passengers clear of the vehicle (not behind it masking taillights or in front masking flashers), and so moved WHEN its safe to do so.
That's the basic Aussie requirement. OS add these legal requirements and action;-
* All passengers on leaving broken-down cars et al must wear Specification "EN471" safety vests - to aid in pedestrian safety whilst attending it, or when standing nearby, particularly on the open road.
* Triangle must be placed well ahead (50-150m) of the scene, off the side of the road, or side of an affected traffic lane.
If the vehicle is stopped partially blocking a traffic lane for other than a breakdown (and even then), then the person can be at greater risk of legal challenge. Mitigating factors come into play - again - folk simply need to get the vehicle off the side of the road (left preferred) where at all possible.
NB - DOWNLOAD that WA Pdf Link in my Sig - explains further.