If traffic on a busy 4-lane highway is stopped at an accident, everyone is stopped, but a car is slowly turning RIGHT (from the left passing lane, moving slowly (walking speed) at 90 degrees through the slower right lane, looks to the right to check and make sure that all traffic has stopped and he can make the turn safely, but did NOT look to his LEFT to notice the car in the slower right lane MOVING IN REVERSE, against the normal flow of traffic, TOWARDS HIS DIRECTION: WHO is at fault if the driver backing up on the highway is unable to stop in time and t-bones the driver crossing stopped traffic? (The driver crossing stopped traffic has a dash cam that recorded the entire event.) For the insurance companies, would BOTH DRIVERS be considered to be 'AT FAULT' by their respective insurance companies since the driver turning right unsafely crossed the path BEHIND the driver backing up on a Provincial Highway?
It's a bit of a confusing situation. Reversing vehicles are typically 100% at fault, but so are turning vehicles. What roadway did this occur on? Was it divided with a speed limit over 80 km/hr? Or was it a roadway where the other driver could legally reverse?
It was in Kitchener Ontario, on Highway 7, a 4-lane non-divided highway, with a fairly low speed limit of 70 km/hr AND a center turning lane running the length of the road in that area. I read the following fault determination rules here : http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm
And part 19 says:
- 19. The driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for an incident that occurs,
(a) when automobile "A" is backing up;
(b) when automobile "A" is making a U-turn; or
(c) when the driver of, or a passenger in, automobile "A" opens the automobile door or leaves the door open. R.R.O. 1990, Reg. 668, s. 19.
Well, I'm automobile 'B', and the other guy is automobile 'A' and was backing up.
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