Who's in the wrong? Drivers can't agree on the answer

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A seemingly innocent question on a local Reddit thread has caused an eruption of differing opinions about driver etiquette and responsibility.

On the r/CarsAustralia subreddit, a user posted a survey titled ‘Who’s in the wrong?’ with the explanation: “I have been arguing with my friend about this scenario and we have made a Reddit account just to settle it since we can’t find anything online.

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“If two cars are travelling down a three-lane road, they both merge into the middle lane at the EXACT same time and collide, who would be in the wrong?”

The image attached showed two vehicles travelling down a three-lane road, both changing lanes into the middle lane before colliding.

The comments section had a number of different opinions, with most saying both cars were at fault, some saying the red car was to blame, while others pointed to the black car being at fault.

“Becomes a hard way. Unless you can get witnesses or dash cam to prove one was in the lane first, insurances will most likely take both as ‘at fault’ and move on,” wrote one user.

“I know for sure in some countries, whoever is merging towards their passenger side would bear 100 per cent fault for this very same scenario,” said another.

“Judging by the picture, I’m assuming they are RHD cars. If that’s the case, the driver of the black car had a better view of what was happening and was better placed to avoid it. That’s not the same as “fault”, but if it turned into a p***ing contest in a courtroom, that’s what I would expect a judge to say in the end,” concluded another.

Where liability becomes unclear is when two vehicles change lanes at the exact same time, given there is no specific road rule covering this instance.

Think you know the answer to who’s in the wrong? Vote in our poll before reading the answer below.

The answer

We contacted VicRoads for a definitive answer after being unable to find a road rule covering this exact instance in Australia’s comprehensive road laws list.

A VicRoads spokesperson directed us to Road Rule 148: “A driver who is moving from one marked lane (whether or not the lane is ending) to another marked lane must give way to any vehicle travelling in the same direction as the driver in the marked lane to which the driver is moving”.

Therefore, the vehicle that entered the lane first would have the legal right, and the car last to enter the lane would have to pay the repair costs.

But in this instance, where two cars entered the lane at the exact same time, both of them would be at fault for not clearing and giving way in the lane.

How do you prevent this from happening?

One user commented: “How would you avoid something like this from occurring? (L-plater here)”.

Another user responded, “Check carefully before merging. Not just your blind spot, but also for other cars on that side in other lanes indicating. As an L-plater, you might also already be more careful and avoid changing lanes unless necessary, e.g. if the lane is ending. That helps reduce the chances of it happening”.

Perhaps the best way to avoid this is to use your indicator for at least five seconds before changing lanes. Officially, the road rules in each Australian state and territory require drivers to give way to all other vehicles, and signal for at least five seconds before driving onto the road from a parked position on the side of the road, on a median strip, or any other parking area.

By head-checking and adequately indicating before changing lanes, you can avoid a situation like this, which could result in a mid-lane change collision.

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