u/Specialist_Travel594

Hey everyone,

Looking for an objective look at this incident that happened recently on Harry Way in Willetton. I only have Third-Party Property Damage insurance, so my insurer won't handle the recovery process for me. I'm dealing with the council directly, and we have a disagreement on who is at fault. I want to make sure I’m interpreting the road rules correctly before taking my next steps.

The Setup:

1. The council rubbish truck was fully stationary on the left side of the road with its brake lights on.
2. The road ahead was clear, so my vehicle initiated a pass at roughly 9–10 km/h.
3. As seen in the footage, my vehicle is already well past the rear of the truck and established alongside the main body of it when the truck releases its brakes, moves forward, and veers right to resume its route, resulting in a sideswipe.

The Dispute:

• My view: Under Regulation 68(1) of the WA Road Traffic Code, a driver entering a line of traffic from the boundary of a carriageway must give way to any vehicle already traveling or overtaking in that lane. Since my car was already physically alongside the truck before it started rolling, the truck had the duty to give way.
• Council's view: They argue that because a rubbish truck is a "frequently stopping vehicle," overtaking drivers have a higher duty of care. They are claiming my vehicle shouldn't have attempted the pass and are holding me liable for the damage.

I want to look at this as neutrally as possible. Does a frequently stopping service vehicle have a special exemption in WA that overrides the standard duty to give way when pulling out? Or is the council just trying it on because I'm an unrepresented third party?

Appreciate any insights on the traffic law or similar experiences!