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15-01-2022, 01:50 PM | #1 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,289
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Not sure if this is allowed and even then its a long shot.
My brother in-law was hit by a young driver in a white Prado on Friday 14/2 around 5pm on a bike path on George St, between Hay and Murray St, just outside the Perth CBD. I understand the driver wasn't paying attention when leaving a carpark that crossed the bike path and collected him head on where he went under the car. Many people came to his aid, which was great to hear, and he was an extremely lucky person walking away completely unscathed apart from some bad grazes on his legs which may or may not need small skin graft op. Either way he's out of hospital tomorrow it looks like. But I'm here to ask if by chance anyone was driving that street at the time and may have dash cam footage of the incident. The driver didn't do a runner and has been fined and/or charged by police. We're just trying to see what and how this all happened. If this is in the wrong forum or not allowed, mods feel free to move or delete. |
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15-01-2022, 02:14 PM | #2 | ||
Experienced Member
Join Date: Sep 2006
Location: Australasia
Posts: 7,686
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You could ask shops or businesses if the they have security camera footage, it will be up to their own policy if they agree or refuse your request to privacy concerns.
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15-01-2022, 11:12 PM | #3 | |||||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,289
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Quote:
It's only morbid curiosity to see how he escaped this that we're interested. Not much past that. Quote:
What happened here was the driver "charged" out an open air carpark driveway across a footpath/bike path without looking and hit him head on, pushing him out into the street and under the cars stopping partly into the second lane over with the front tire on one of his legs. Driver panicked and sat there for about 30 sec while BIL was screaming to get off him and was about to drive forward before someone rushed up and stopped the driver saying to reverse back to get off him. I was just told there were no other cars on the street at the time. Which means the search for footage is probably futile. And would partly go towards how lucky he is because he could have been struck by someone in the next lane. It seems the driver saw an empty street and hit the accelerator to get out of the carpark quickly without looking. Nothing negates the responsibility of the driver to pay attention and look for danger before proceeding. This could have been a pedestrian with much worse results. Quote:
He is home now. Adrenaline and pain meds have worn off so pain from the bruising is kicking in. Doctors decided not to operate and believe it will heal safely itself. I'd assume the driver has insurance so they will be paying to replace his bike. One of those expensive electric things. I'm sure he will claim on third party injury to help cover bills and time off work. He was heading up the hill from the right of picture. There is nothing to the right of the picture apart from the barrier between George St and a drop off to the freeway below. |
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18-01-2022, 07:34 PM | #4 | |||
FF.Com.Au Hardcore
Join Date: Apr 2008
Posts: 5,482
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Quote:
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18-01-2022, 08:46 PM | #5 | |||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,289
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Quote:
I'm guessing if the cops had a problem with it they would have done something about it since they had possession of it after the accident for a while. I think the bit that was read too much into was when I asked for dashcam footage on the very slim outside chance that someone was there at the same time people thought it meant I wanted commentary, excuses and rationalisation for the driver based on the design of the intersection/driveway. I hoped a simple question would have come with a simple answer, tis all. |
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18-01-2022, 08:51 PM | #6 | ||
FF.Com.Au Hardcore
Join Date: Mar 2019
Posts: 604
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No, I wasn't there and don't have footage.
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18-01-2022, 09:09 PM | #7 | ||
Regular...with metamusal
Join Date: Oct 2009
Location: Geeeloong
Posts: 6,661
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18-01-2022, 09:34 PM | #8 | |||
Away on leave
Join Date: Apr 2019
Location: ACT
Posts: 1,735
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And yeah... Won't happen, indeed. |
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15-01-2022, 02:23 PM | #9 | ||
Kicking back
Join Date: Dec 2013
Location: Western sydney
Posts: 8,707
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So no Ill speak towards your brother as he has the right to ride on a bike lane, but does said car park have a warning strobe and siren to indicate a vehicle is leaving towards the cycle path? They typically go off resonably early to warn cyclists. Its not law i dont think but its an insurance thing for building owners to shed liability. Ive installed heaps in my time, whether it be an inductance loop in the ground or run off the boom gate being actuated.
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15-01-2022, 03:22 PM | #10 | |||
FF.Com.Au Hardcore
Join Date: Feb 2007
Location: Perth
Posts: 7,243
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Quote:
He can lodge a motor vehicle insurance claim for injury too I'm pretty sure. Good case considering the other person was charged.
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jaydee351 4DV8 Last edited by jaydee; 15-01-2022 at 03:29 PM. |
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16-01-2022, 01:57 PM | #11 | ||
FF.Com.Au Hardcore
Join Date: Mar 2012
Posts: 5,092
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Gee, sounds like that could have been a lot worse.
Even that moment to not drive forward could have seen him in a bad way |
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16-01-2022, 03:59 PM | #12 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,289
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16-01-2022, 05:42 PM | #13 | ||
BLUE OVAL INC.
Join Date: Feb 2006
Posts: 8,727
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Blame the stupid design of the pike path, being divided lanes the driver would have been looking to his right and not expecting anything approaching from down the hill to the left where you said your BIL was coming from.
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16-01-2022, 06:44 PM | #14 | |||
Experienced Member
Join Date: Sep 2006
Location: Australasia
Posts: 7,686
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Imo no excuses for the car driver. |
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16-01-2022, 11:44 PM | #15 | ||
BLUE OVAL INC.
Join Date: Feb 2006
Posts: 8,727
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16-01-2022, 11:01 PM | #16 | ||||||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,289
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Quote:
While I called it a bike path, look closely and its actually a footpath for use by both people on foot and bikes. It's a shared path. Did you read when I said the driver admitted to not even looking straight ahead, let alone to the left when they were exiting the carpark. What if it was a pedestrian? "Oh sorry poor mother. It wasn't my fault I drop punted your 4yo into the concrete barrier over there with the front of my car. It's this bl00dy stupid footpath design. Well see ya. Have a good day." Quote:
Read above about it being a shared path. If you can see the "take care" warning on the ground, surely you saw the pedestrian symbol indicating its a footpath. Does your opinion change given its meant to allow foot traffic? Or do we have the same right of way as per the law questions there too? Quote:
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The responses here trip me out. Hervey Bay has some of the absolute worst drivers on the planet. Extreme di*kheads with nothing but air in their head. I remember a local taxi driver commenting to me that they can tell when they drive back into the Hervey Bay town limits because the driving abilities absolutely plummet deep into an abyss. I always thought God had seen fit to keep these drivers within the town limit. You know, keep the world and his creatures safe. But watching videos on Dashcam Owners page and the answers here, it seems despite his best efforts not only have they escaped and travelled, they are obviously influencing the world via mind control. https://www.facebook.com/watch/?v=450336249903261 For giggles lets guess the excuses here based on previous answers... Bl00dy forward collision warning didn't tell me you were there, car should have braked for me. Poorly designed road, it's not wide enough to allow me to cut the corner without damaging my car. Scooter should have been aware enough to sit 6 feet back in anticipation of the car cutting the corner. That's a rubbish intersection, who has right of way when cutting the corner, there aren't signs to say I cant cut the corner, only those pesky solid centre lines that say I'm on the wrong side of it. Fu*k me dead! P.S. That's not called cutting a corner in Hervey Bay, that's just a normal right hand turn. |
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17-01-2022, 12:02 AM | #17 | |||
BLUE OVAL INC.
Join Date: Feb 2006
Posts: 8,727
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Quote:
If you bothered to comprehend my post you'd see that my point was purely about how the combination of a dual direction shared path and a one way piece of road would lead to this kind of incident, i just figured you and anyone else reading it wouldn't need me to paint a Picaso to relay it. If as Giant Cranium said there is a 'take care' sign on the path, then it suggests a level of caution be applied by those on it too, a pedestrian moving slowly would have time to react to a fast moving vehicle, a cyclist powering up the hill would have less opportunity, neither case absolves the drivers responsibility to also display caution. Cant say I've come across that kind of design. In SA our bike paths/lanes in city environments are on the road and with the direction of traffic. |
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16-01-2022, 03:17 PM | #18 | |||
Guest
Join Date: Aug 2018
Posts: 1,892
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Quote:
If your BIL had been paying a bit more attention & been a bit more Situationally aware. .he should've seen the Prado coming.! Glad to hear he walked away from It though.. Just an opinion from an outsider looking In.. Who wasn't there! |
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16-01-2022, 03:58 PM | #19 | |||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,289
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Which usually means what is coming next is not so respectful or will annoy people.
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They will love you on this page then. https://www.facebook.com/DashCamOwnersAustralia/ Appreciate that, thank you. The wisest and most important thing you've said here. Can't really criticise the BIL if you know squat about it. Ultimately the cops found the driver completely in the wrong. The driver didn't help their case when they admitted they weren't even looking straight ahead at all. Only to the right for the break in traffic they could jump into. Cops have charged the driver with negligent driving and will send them off to appear in front of a magistrate. |
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16-01-2022, 08:07 PM | #20 | ||
PURSUIT 250
Join Date: Mar 2009
Location: sydney
Posts: 5,847
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that's a rubbish driveway. who has right of way there as per the law? bike or car doesn't have a stop sign or give way, only the bike has a 'take care' sign as a warning.
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16-01-2022, 09:48 PM | #21 | ||
Experienced Member
Join Date: Sep 2006
Location: Australasia
Posts: 7,686
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Since when driveways must have Give way or stop signs? Now have a think when you enter a roadway from any driveway as per law.
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17-01-2022, 05:59 PM | #22 | |||
PURSUIT 250
Join Date: Mar 2009
Location: sydney
Posts: 5,847
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Quote:
Driveways are treated as a Give way when you exit. As I said thats a rubbish driveway and you could even say it’s more of an intersection. That’s one for police and lawyers to argue over. |
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17-01-2022, 10:59 PM | #23 | ||
Away on leave
Join Date: Apr 2019
Location: ACT
Posts: 1,735
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Well, my best analogy would be, I was following arrows in a narrow car park, only to look left and pull out finding a BF slamming on their brakes with my FG2 pulling up just in front of them... Yep, they were short-cutting the car park and we nearly tragically met.
I had to reverse, so they could pass. 100% not my fault. I could have seen them though before that, I guess. Should I have needed to though? |
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17-01-2022, 11:17 PM | #24 | ||
Away on leave
Join Date: Apr 2019
Location: ACT
Posts: 1,735
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I'm thinking the same, you can expect sensible situations on the road, then there are times people do the wrong things - and bad things can happen. How bad, is only up to reaction times and the luck afforded to us.
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18-01-2022, 08:14 AM | #25 | ||
N/A all the way
Join Date: Apr 2008
Location: Melbourne
Posts: 3,459
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Does he ride a bike with electric assistance by any chance? Looking at that hill, I reckon any bike would lucky to be going faster than a jogger, and so the driver would be without excuse (agreeing that regardless of anything, they are liable).
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18-01-2022, 09:19 AM | #26 | ||
praek tih kl jo kr
Join Date: Mar 2011
Location: Atwell W.A.
Posts: 1,690
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This is why they are called accidents, I'm sure the driver didn't just see your brother and think I will drive over him, I very much doubt it was a deliberate act, unfortunate for your brother, but unintentional.
Unfortunately when we are taught to drive we are told to give way to our right, so most of our little pea brains tell us is ok to go if we don't see anyone to our right, our pea brains also tell us if anyone comes from our left its their fault so its ok to proceed, we are not taught every day scenarios of what happens if, we are also not taught all the road rules, we are just taught the basics to drive to the law to pass a driving test. I'm sure the driver was traumatised by the incident, maybe not as much as your brother, but it is the fault of the driver, as the Australian road rules state that a driver has to give way to a bike on a bike path. You can see that the driver just looked up the hill saw no one and went as most of us would do, it was just unfortunate for this driver Bil was there. |
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18-01-2022, 07:22 PM | #27 | ||
FF.Com.Au Hardcore
Join Date: Jul 2010
Location: NSW
Posts: 4,336
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The way I look at it is. If you’re driving across the footpath give way to footpath users.
If you’re walking across the road give way to road vehicles. Basically if you enter someone else space, you give way. |
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18-01-2022, 07:48 PM | #28 | ||
FF.Com.Au Hardcore
Join Date: Mar 2019
Posts: 604
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Thought you read a bit too much into Hayseed's post - he did not say your BIL was in the wrong, far from it, just said that he was surprised your BIL did not see the Prado coming when you look at that photo. Guess it being an electric bike means he had less time to react.
No one disputes your BIL had right of way, and it's been confirmed by the police. Think his point was, when you are on foot or bike or motorbike or other more vulnerable transport that does not wrap you in protective sheetmetal and lacks safety features like seatbelts and airbags, then you must have greater situational awareness and assume everyone else is a womble that is about to do the wrong thing. You need do same in cars and trucks too, but it is super-important for pedestrians, cyclists and motorcyclists. Perfect world you should not have to worry about people doing the wrong thing, but in the real world you do need to. That is not victim blaming at all; just reality. There are plenty of innocent people in heaven that had right of way - just a sad reality. Doesn't matter if you were in the right when you are dead. Prado 100% in the wrong; BIL zero fault but lucky to take away a lesson that could have been more costly (all education comes at a cost). No doubt when he gets back on the bike he will be far more careful crossing driveways - he shouldn't have to, but I bet he is. |
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