Thread: Gunshot creek, a disaster waiting to happen?

Originally Posted by DieSchnelleKafer

Hi Guys, just thought i would voice my concern. I know that it it is very difficult to flip a car end over end however i cant help but think it may be possible for a vehicle to flip onto its lid at gunshot creek cape york.

flipping over in to a pool of water where you cannot open the doors due to the side wall of the track

Is this a disaster waiting to happen? is there even any point talking about it? should i go back to my armchair?

Is it deliberately excavated with a machine to look like that? I would have thought that the wet season would flatten those vertical banks.

Originally Posted by Saitch

Really! Trout, I understand what you're saying but I would have thought the effort of reaching the Northern most point of Oz would have been the reason. If I was wanting to get to the Cape I wouldn't be risking my rig doing that sort of "Look at Me" stuff.

I would agree that Gunshot (and OTT) is a big attraction up at Cape. Possibly not amongst many in this thread, but there are lots of people driving it. There are many highlights at Cape beyond the actual tip. The tiip is good but isn't a terribly exciting part of the Cape compared to everything else up there. The places that seem to do damage up there from what I could see were the river crossing near Branwell Station, the river crossing at Nolans Brook, Wenlock River and the main corrugated road up through the Cape.

Originally Posted by Milton477

Is it deliberately excavated with a machine to look like that? I would have thought that the wet season would flatten those vertical banks.

If I recall correctly its just a change in soil type and wear on the track.

I can wait forever before trying it.

Originally Posted by V8Ian

Is that the law according to Mick, or can you show us some proof?

There's a general principle that if you give directions which someone follows resulting in injury or death you can be held liable, but of course it depends on the situation.

Below is an example involving a driver giving directions which resulted in a boy being injured and the court found the insurance had to cover it. Not the same circumstances, but similar principle.

I'm not a lawyer, but I've been told that any direction I give has to be legal or I may be liable. For example, if I encourage a student to do an act, such as compete in a sports event, and I don't follow the risk assessment procedures and the student is injured, I may be held liable.

Encouraging someone to put their vehicle in a dangerous situation like Gunshot where someone could be injured would have to be potentially problematic, I think. I wouldn't do it.

There is a duty of care obligation. Suppose the vehicle rolls on its roof and the occupants are trapped under water and drown. Is the person who gave the directions at fault and liable in criminal or civil law? Did the person giving directions take any steps to ensure the safety of those in the vehicle if the directions they gave were followed?

Has the driver signed a legally binding waiver exempting the other person from any consequences of the driver following the directions of the other person?
I'm not a lawyer, but this is potentially serious.

Normally the driver would say the other person was just helping and wouldn't act, but once lawyers and insurance companies get involved, or it becomes a legal case with an inquest into the deaths, anything can happen.

The law is not always what ordinary people think it is. Who here can say?

"Court of appeal gives broad definition to 'driving of the vehicle'": QBE Insurance (Australia) Ltd -v- Smith [2005] NSWCA 130 - Curwoods Lawyers

I guess i should check the link first but two examples come to mind.

If you walk up to an injured person you then enter into a duty of care, if you walk away without assisting them in some way you are breaking the law. This might sound unfair but consider that when you walk up to them other people will often consider them to not need extra assistance and will thus not help and will walk away. So, you are allowed to keep walking, but not act in such a way that prevents other people from helping.

If a driver uses an indicator to signal a car to pass it, that is illegal, but it is considered worse if a truck driver does it because they are considered a professional driver.

Yes, good examples.
If we encourage anyone to do anything which breaks any law we are potentially liable for the consequences.
For example, if we encourage a driver to drive over a footpath into a driveway and the vehicle hits a pedestrian on the footpath, who has the right of way, we are potentially liable for causing the injury to the pedestrian because we encouraged the driver to break the law.
If we encourage a driver to go over Gunshot and someone in the vehicle is injured, we may be liable for encouraging the driver to do a dangerous act which dangered the injured person.
Hate to be a killjoy.

Hi,
I was backing a fire truck in a dark corner under guidance and clipped a parked car with the rear left rear bumper of the truck.
No blame on me, I was backing under instruction from a senior member.
Fire service paid the repairs.
Cheers