VicRoads wrote:Footpaths and Driveways
When entering or leaving a driveway or private property, you must give way to pedestrians and bicycles on any footpath, path or nature strip you cross.
human909 wrote:Who is she claiming against? Your ten year old? Good luck!
electra_blue wrote:No not a BV member. Considered this a few years ago when I got serious about commuting, but well...
Thanks for the devils advocate. I took photos of the scene at the time after everything had settled and vision is good. Nothing to obstruct view.
The fact that we were a short distance from a road crossing that we made (of which I am always the first onto the road) and I had my four year old in tow are good reasons also to refute speed.
As per initial advice I made a trip to the local police and both the Constable on the desk and the Acting Sergeant said that right of way always exists with the pedestrian and the driver should have looked harder. Took my details for a record of conversation and said to use them as a point of contact if needed.
I also rang my insurer (for advice) and was told that insurers are unlikely to pursue minors if they are deemed at fault (which wouldn't be the case as it appears with us). Most unusual for insurers to be so kind hearted!
Looks like we have a good case should the insurer/driver come knocking.
When coming out of driveways: If you cannot see if anyone is coming, sound your horn and then drive out very slowly. Watch out for children riding on bicycles and skateboards.
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