Legal Aid?

[Dingus]

Sorry to those invoved in the traffic congestion on Mulgoa rd this evening. Unfortunately I was tail end charlie in a 6 car pile up caused from the front car changing lanes into a stationary vehicle.

The police said I may receive an infringement for failure to provide adequate braking room (3 points) as my vehicle needed to be towed away - only due to the car in front having a tow package that aced my radiator
If that happens, can anybody recommend any decent legal representatives?

[tomithy]

1. If NSW is anything like VIC then Legal Aid won't come to the party unless (1) you're a minor, (2) you're homeless, or (3) you're poor and you've been charged with something that may result in prison time. I don't think this fits any of the above.

2. Ouch, your insurance is going to hate you if it turns out they have to cough up for 6 cars... it will depend on how many cars you pushed into each other.

3. I wouldn't bother fighting the fine, it's an assumed thing that if you rear end the car in front in these situations that you obviously failed to leave adequate room to brake. Sorry

Really feel for you mate, as it could happen to anyone at any time, safe braking distance or not.

[P4nza]

shit thats bad luck Call around man... failing to leave braking room is fightable i reckon.... what if you lagged to press the brakes due to shock? google up some legal aid and try one by one... thats what i did and well they didnt help me in my case coz im an idiot...

goodluck dude

[Phil]

Give Mark Stenberg a call, he will be able to advise if it's worth fighting or just taking it on the chin

[DaBigfella]

It'll be on the chin i'm afraid, you don't need representation in a case like this, you can plead leniency(depending on your record) in front of a magistrate and hope for a section 10, but i wouldn't hold my breath at the back of a 6 car tailbender.... Glad you are ok and i hope no-one was injured.....

[Lone Wolf]

Give Mark Stenberg a call, he will be able to advise if it's worth fighting or just taking it on the chin

[Wattie]

Personally I don't think you will get out of it. If you run up the back of anyone, stopped, moving or whatever, it's your fault. That's why they hammer the 3 second gap Thingy.

I don't think you will have any luck fighting it.

Take it as a lesson to look a few/10 cars ahead. You will see it before the person you are following and hopefully avoid it.

[Naked Twin]

If you get the fine jusy write a letter (so long as you have a decent record) that you had been leaving a 3 second gap when the car you hit moved into your lane legally shortly before they had to hit the brakes due to the accident in front of them. Unfortunately they stopped sooner then any gap you left would allow as they hit the car in front prior to you hitting them and had they travelled their normal stopping distance you would not have hit them.

If you really want to challenge the fine I would use the same argument, they are not going to call the driver of the car you hit. If you use the above line you were doing the right thing, the car you hit changed lanes legally and being a considerate driver you let them take a portion of the gap you left and as you were trying to increase the gap back to your normal 3 second gap in a controlled manner (not hitting the brakes) you had to hit the brakes due to the sudden stopping of the vehicle in front which had hit the car in front of it

The letter at least won't cost you anything.

By the way it worked for my wife about 8 years ago in a similar incident

[greg]

If you get the fine jusy write a letter (so long as you have a decent record) that you had been leaving a 3 second gap when the car you hit moved into your lane legally shortly before they had to hit the brakes due to the accident in front of them. Unfortunately they stopped sooner then any gap you left would allow as they hit the car in front prior to you hitting them and had they travelled their normal stopping distance you would not have hit them.


The letter at least won't cost you anything.

By the way it worked for my wife about 8 years ago in a similar incident

for th


I agree with Naked Twin......write in to SDO (State Debt Recovery) if you recieve infringment notice with an explanation...As long as you have not recieved a trafiic infringment in the last 10 years (This is min requirement of SDO) to consider your letter. If this is the case they will probably at the very least waiver the fine costs $$$$$. Dont know about the actually losing of demerit points though. This is dictated by the RTA..but i could be wrong...

Best of luck mate

[Damon Z1000]

Give Mark Stenberg a call, he will be able to advise if it's worth fighting or just taking it on the chin

What he said, a call is all it takes to give you an honest idea of your chances

[Dafuzz31]

If you have a clean wrap then u should be able to get outa it.......good luck with the insurance.

[zxsixr03]

Guess its one of those situations where u need insurance aye Naked lol

[Naked Twin]

Who doesn't have insurance? I don't know if Dingus does or doesn't maybe he has a stash of cash and doesn't need it. Not sure your point nor the lol

[Wattie]

Guess its one of those situations where u need insurance aye Naked lol

by the sounds of it, its more the loss of points hes trying to avoid.

there was an add on the radio tonight about NRMA offering legal advice to customers for road related issues.

well at least i think it was NRMA... might have been aami

[Naked Twin]

Wattie, Six is just having a dig at me. All good fun
A valid point is made about the points and the RTA as they have been known to ignore the court judgement and apply the demerit points. You might want to check but I believe the NSW govt was looking to stop this with new laws.

Either way good luck