Accident Summary
The offending vehicle (a dump truck) was parked at night in the second lane of a two-lane road.
It was left unattended without its lights on (no tail or clearance lights) and no warning signs were placed.
The victim (a motorcycle rider) was traveling on the right side of the road and failed to notice the parked truck, resulting in a rear-end collision.
The rider suffered serious injuries and required hospitalization, with long-term complications.
Supporting Evidence
Police Investigation: The truck was illegally parked—not on the shoulder, but directly in the driving lane.
Scene Conditions: The area was dark, with no street lighting or reflective warnings.
Victim’s Statement: The rider reported that the vehicle “appeared suddenly while riding” and couldn’t be avoided.
Witnesses: Nearby drivers confirmed the parked truck was difficult to detect.
Vehicle Condition: The motorcycle’s front was heavily damaged, with impact marks matching the truck’s rear end.
Legal Issues
Can a parked vehicle be considered as “in operation” under liability law?
Does the motorcycle rider also bear partial fault for the crash?
How should fault percentages be determined?
Court Ruling
1. Dump Truck Owner’s Responsibility (Primary Liability)
The truck was not parked on the roadside, but within the active traffic lane.
No lights, no warning signs, and the road had no streetlights.
This created a structural hazard and was a clear violation of traffic laws.
The court ruled that even stationary vehicles can be considered “in operation” under the Automobile Liability Compensation Act, if they contribute to an accident.
→ Therefore, the truck owner was held primarily responsible.
2. Motorcycle Rider’s Responsibility (Partial Fault)
Riders must maintain visibility and reduce speed during night driving.
The lower court assigned 30% fault to the rider for not exercising enough caution.
However, the Supreme Court held that such fault percentage needs reconsideration, given the difficult night-time conditions and sudden visibility issue.
More real-world accident cases caused by illegally parked vehicles
March v Stramare (E & MH) Pty Ltd
https://en.wikipedia.org/wiki/March_v_Stramare_%28E_%26_MH%29_Pty_Ltd
Owners of Improperly Parked Vehicles may be Liable for Injuries Sustained by Pedestrians Struck by Cars