JOHN AUGUST v T.Z.M. CRANE SERVICES PTY. LTD.
in the Local Court at Sydney
Case Number 2015/00050703

Statement of John August

I John August, IT Contractor, of 10 Lorna Avenue, state:

1.  I am the Plaintiff claiming damages accident an accident involving my
vehicle. I am also the defendant in a related claim, where Hollman Webb
have submitted a statement in relation to that claim. This statement
supplements the material in that that statement.

2.  At approximately 9.10 am on 26 July 2014 I was driving my vehicle,
registration no AQ 91 TE north along Rooty Hill Rd.  North ( which I
will also call "RHRN"), north of the Power Street intersection.  

3.  The defendants' vehicle ( registration BDV 90V) came onto the road
from a parked position on the left, near the 'Narel' Delicatessen (331
RHRN), in the process of doing an illegal U-turn.  The vehicle was short
of Drysdale Crescent, and the fact that it was doing a U-turn was clear
from its orientation.

4.  At first I thought the vehicle would proceed with its U-turn, but in
fact it stopped in front of me; as soon as I realised what was happening
I applied the brakes fully.  I slowed down considerably but nevertheless
collided with the vehicle BDV 90V, something which was unavoidable in
the circumstances.

5.  Immediately after the accident, the vehicle BDV 90V continued its
U-turn and stopped on the other side of RHRN, facing south; I parked my
vehicle at the side of the road and exchanged details with a gentleman
who was in the vehicle BDV 90V at a table in front of the Narel
Delicatessen. 

6.  This accident was witnessed by a driver behind me, Mr.  B####
F######, whose mobile number I referenced in initial correspondence with
Allianz, inviting them to contact him. Obtaining further information 
from him has been difficult, but I understand that Hollman Webb have
included an email from him.

7.  The details of this accident are illustrated in my statement
submitted by Hollman Webb.

8.  Following the accident, I drove to Plumpton Mc Donalds to buy
breakfast.  I saw that both occupants of the vehicle I had collided with
had also turned up at Plumpton Mc Donalds, but I felt no need to
acknowledge them.  I then continued my journey to my friend Mr.  G####
I###'s house.

9. The details of the route taken and the location of the accident are
illustrated in the attached figure 2.

10.  I will demonstrate that my version of events is consistent in all
regards on the details of the accident.  My major points are:

a.  I can demonstrate a consistent pattern of behaviour, where I
regularly leave my house in the morning to visit my friend Mr.  G####
I###, who lives at ## ##### #### ####.  I often visit the Mc
Donalds restaurant at Plumpton along the way.  At Mr.  I###'s residence
we then play video games, watch movies amongst other activities; I then
leave in the evening.  This is supported by both the statement of Mr.
I### ( Annex A ) and the records of my travel on the M2 and M7, on
numerous dates but especially the 26th July ( Annex B).

b.  On leaving the M7 ramp, I then travel to Mr.  I###'s residence by
the shortest route, along Power Road, Rooty Hill North, Jersey Road and
Amsterdam Street.  Importantly, I am never BEHIND any traffic lights on
Rooty Hill Road North, as was asserted by the other party in their
statement of claim.  Mr.  I###'s statement supports my car being off the
road and parked at his residence during the time alleged by the other
party that the accident occurred, namely 3pm.

c.  The damage to my vehicle - a v-shaped impact approximately in the
centre of my front bonnet - is only consistent with striking the corner
of another vehicle, which is also consistent with a vehicle turning in
front of me and stopping with its rear corner facing me.  It is not
consistent with an impact with a stationary car in front of me as I
approach lights - I would have had to have swerved to one side of the
vehicle and approach it at an angle, a very difficult thing to imagine.
Nor is it consistent with a collision with a stationary vehicle turning
right.  I support this view through an analysis informed by my own
qualifications and background, and it is also supported by the analysis
of an accident assessor, Mr.  Giulio Blasonato J.P., Auto Accident
Assessors, MVRIA Cert.  No 1788, PO Box 287 Smithfield West.

11.  I inherited my vehicle from my mother, and after the accident I had
my car repaired from my own pocket.  The details of this repair are
noted as Annex C.

12.  As attested by Mr.  I###, I travel regularly from my house at ##
i#### #### North Ryde to his house at i## ####### ##### Plumpton,
leaving in the morning and coming back in the evening.  I travel on the
M2 and M7, exiting off the ramp which takes me to Power Road.  Annex A,
a statement by Mr.  I### notes this pattern and Annex B details the log
of my travel which demonstrates the fact that I would have been on the
exit ramp of the M7 leading to Power Road at around 9:10 on the 26th
July.

13.  From the Power Road exit, I then travel directly towards Mr.
I###'s residence.  I travel along Power Road, turn right into Rooty Hill
Road North, then left at a roundabout onto Jersey Road.  I frequently
continue onto the Plumpton Mc Donalds, where I buy myself breakfast and
also frequently buy breakfast and/or a coffee for Mr.  I### and his
wife, Mrs.  T#### I###.  I return via Jersey Road, turning left into
####### Street, where Mr.  I### lives.  Importantly, this means I am
never behind traffic lights on Rooty Hill Road North, nor would I ever
be on RHRN at 3pm in the afternoon - my car would be invariably parked
near Mr.  I###'s residence for the whole day. The route is illustrated
in Figure 2. I have taken the image from Google Maps, for which I am
claiming use under fair dealing.
 
14.  I am qualified in physics from Macquarie University, 1989, and have
given courses at the Worker's Educational Association Sydney on science
related topics including physics and engineering principles - including
a basic outline of the physics of motor vehicle collisions.  I am also
involved in the Sydney Engineering Heritage committee, and have given
engineering tours in the Sydney CBD and the Cooks river, and am involved
in the preparation of a map of NSW Engineering Heritage.  I also have a
broad ranging interesting in science, contributing to Mr.  Ian Woolf's
"Diffusion" science podcast, and having given talks on science related
topics to the Festival of the Stars and Sydney Observatory, Australian
Canal Society, NSW Humanists and Sydney Realists amongst others.  I am
therefore qualified to interpret the damage to my own vehicle.

15.  My analysis is further supported by the analysis of Mr.  Guilio
Blasonato, accident assessor, who I engaged :

   "It would appear vehicle BDH90V pulled out from a parked position at
   an angle either to attempt a U turn or proceed straight ahead,
   stopped and at a 35 degree angle, according to type of damage
   sustained and in the oncoming vehicles lane.  It would appear vehicle
   AQ91TG come at a sudden stop colliding with the rear right hand
   corner of the bumper bar, inflicting minor damage.  In my estimation
   had vehicle BDH90V had proceed straight ahead, perhaps vehicle AQ91TG
   would possibly have had enough time to react in bringing his vehicle
   to a stop.  For this type of damage to have occurred, vehicle BDH90V
   would have to been at an angle, as damage was not centre of vehicle.
   Vehicle BDH90V could only have done two things 1, pulled out from a
   parked position or 2, wanting to make a U Turn.  In any case vehicle
   BDH90V would be negligent on both accounts, pulling out from a parked
   position in front of an oncoming vehicle."

16.  The impact damage to my vehicle was a v-shaped impact on the centre
of my bonnet, with no structural damage to either side of the vehicle;
in fact both headlights worked after the accident, while the right
headlight did require replacement because the glass was cracked, the
result of the degree to which the vehicle was oriented by more than
45 degrees in order to pursue a U-turn.

17.  From my own review of photos of damage to the other vehicle
forwarded to me by Allianz ( there was a rider at the end of the email
that I should not share them with other parties, so I am not including
them here ), the damage to the other vehicle is to its right rear
corner, consistent with the damage to my own vehicle in the manner
I assert the accident occurred.

18.  The only way in which my vehicle could have suffered an impact
causing such damage would have been to impact the rear corner of another
vehicle.  This is consistent with a vehicle turning in front of me and
stopping, as I assert happened during the accident, as is illustrated
in item (a) of Annex D.

19.  Importantly, if a vehicle is stationary - at lights or merely
stopped front of my vehicle - there are three types of damage which
would result - either the whole front of my vehicle and the whole rear
of the other vehicle would be crumpled; alternatively, there would be
damage to my front right or left with a corresponding corner shaped
impact in the vehicle in front, as illustrated in items (b), (c) and (d)
of Annex D.  Neither my right or left panels were damaged in the
accident.

20.  If a vehicle were stationary at lights, the only way for such
damage to have occurred would be for a vehicle to swerve right or left
and then come back, as illustrated in (e) of Annex D.  However, this
would be made difficult by the fact that roads are too narrow to really
support this sort of motion without impact with either barriers on the
side or kerbs - or indeed median strips in the middle of the road,
and further I was never behind traffic lights on RHRN nor driving in the
area at around 3pm, when the other party alleged the accident occurred.


Signed :

		John August

Dated :