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Written by Peter Carter

February 27, 2014

A driver whose car was T-boned at a Rochedale intersection gave “less than satisfactory evidence” and was “less than forthcoming about her traffic history and some employment disciplinary matters”.
Karen Smith – a 41-yr-old nursing assistant – claimed to have entered the intersection of Gardner Rd and Miles Platting Rd intending to turn right, before the traffic signal turned orange. Jain Abhishek also claimed to have entered from the Mile Platting Roadside – going straight ahead – on a green signal and couldn’t avoid the crash.

Fatal for Smith was the evidence of a BCC traffic engineer that the Gardner Rd signal remained red until activated by an “implanted metallic” triggered by a car traversing it and that the red-to-green cycle took several seconds to engage.

Because she swore there were no vehicles ahead of hers after she turned out of her driveway just 100m from the intersection, the court concluded – “as a matter of arithmetical logic” – that the light could not have changed from red to green by the time it would have taken her (10 seconds in His Honour’s estimation) to drive that short distance.

She was held wholly responsible for the accident and her claim against Abhishek & RACQ was dismissed.
Smith v Abhishek & Anor [2013] QDC 332 Brisbane Koppenol DCJ 20/12/2013

Categories: Personal Injury , Litigation & Law Practice

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