3rd careless driving. Help

MsDeeya
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3rd careless driving. Help

by: MsDeeya on
Wed Feb 19, 2014 12:47 am

I got a 3rd careless driving ticket accident related. For other 2 which I believe I don't deserve requested trial, see http://www.ontariohighwaytrafficact.com/topic5705.html .

I was driving quite fast, trying to overtake a car but then the car came to a sudden stop for a stop sign and realizing there was a junction, I aborted the overtaking. I pushed the gas pedal hard by mistake and my foot somehow got stuck pressing the pedal and I rear ended the car which itself rear ended another car.

My car and the one I hit got totaled and I'm upset as it was really new.

There was a police car that was behind us and I got a ticket for careless driving. When I tried to explain what happened the cop just said wear proper footwear and have a proper carpet and pedals in the car. He also said he was about to stop me for speeding.

Can I contest this and how should I plead? How would a trial go? Would they consider other 2 incidents against me even though logically I don't think I deserve it for the other 2 especially. What is likely to be in the disclosure for this case?

Also how would this affect my rates am I completely at fault or is the middle car at fault too?

Please help I'm really upset over this.


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by: iFly55 on
Wed Feb 19, 2014 2:57 am

From a Fault Determination POV, if only your vehicle was in motion then you're 100% at fault for both cars. If the vehicle you hit was also in motion then he's 50% at fault for the vehicle in front him. http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm

It's in your best interest to retain legal counsel on this. Prosecutors usually consider convictions when they plea-bargain, so the other two pending charges may not be relevant right now.

You better book that G-test on the first available date, because even an amended HTA charge could suspend your license and you'll most likely be un-insurable for the following three years until it comes off.

You may even end up plea-bargaining the other two charges, so three convictions and what could be 9-18 points within a 4 month period; you'll have to re-apply for your G1 if all three convictions are four points or higher http://www.mto.gov.on.ca/english/dandv/ ... 10.2.shtml


MsDeeya
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by: MsDeeya on
Wed Feb 19, 2014 8:51 am

iFly55 wrote:From a Fault Determination POV, if only your vehicle was in motion then you're 100% at fault for both cars. If the vehicle you hit was also in motion then he's 50% at fault for the vehicle in front him. http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm

It's in your best interest to retain legal counsel on this. Prosecutors usually consider convictions when they plea-bargain, so the other two pending charges may not be relevant right now.

You better book that G-test on the first available date, because even an amended HTA charge could suspend your license and you'll most likely be un-insurable for the following three years until it comes off.

You may even end up plea-bargaining the other two charges, so three convictions and what could be 9-18 points within a 4 month period; you'll have to re-apply for your G1 if all three convictions are four points or higher http://www.mto.gov.on.ca/english/dandv/ ... 10.2.shtml
There's still quite some time before I am eligible for a G2 license and the other trials come before that unfortunately. I'm not sure but the vehicle I hit was probably just stopped at the split second of impact. I really don't want to be suspended. What defense can I use for this? I wasn't following closely or anything but I failed to brake in time because of a stuck accelerator.




MsDeeya
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by: MsDeeya on
Wed Feb 19, 2014 9:55 am

ynotp wrote:Maybe this is a sign from above that you should resign yourself to public transit?
Don't be so insensitive. I am a responsible driver. The first 2 incidents were quite unavoidable and the 3rd I have no idea what happened but if I managed to brake I would not have crashed. The gas pedal got stuck.




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by: CliffClaven on
Wed Feb 19, 2014 12:59 pm

WOW!! What a story! Let me see if I've got this straight...

You are an inexperienced driver (G2 license) who has been involved in three collisions and been charged three times with Careless Driving in just 3½ months.

Your first accident occurred on or about Nov 6, 2013. You lost control of your own vehicle when someone opened his car door in front of you and you struck two additional parked cars...

Your second accident occurred on or about Nov 23, 2013. I found it hard to understand what you were trying to describe, but it read to me that you turned left at a T junction (where you didn't have the right of way) across the path of a car that was overtaking slower traffic and was then struck by another car coming the opposite way. At the time you pulled out to turn left, you were distracted (eating)...

Your third accident occurred on or about Feb 19, 2014. While exceeding the speed limit, you rear ended the vehicle in front of you when it stopped for a stop sign that you failed to notice, and struck it so hard that it was pushed into another stopped vehicle...

...and yet you still think you are a responsible driver and should be considered blameless. (!!!) Wow.

By all means defend yourself as you have the perfect right to do so.

But for God's sake, wake up and realize that you are in fact a terrible driver and get serious about becoming a good driver before you do some real harm.


MsDeeya
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by: MsDeeya on
Wed Feb 19, 2014 2:10 pm

CliffClaven wrote:WOW!! What a story! Let me see if I've got this straight...

You are an inexperienced driver (G2 license) who has been involved in three collisions and been charged three times with Careless Driving in just 3½ months.

Your first accident occurred on or about Nov 6, 2013. You lost control of your own vehicle when someone opened his car door in front of you and you struck two additional parked cars...

Your second accident occurred on or about Nov 23, 2013. I found it hard to understand what you were trying to describe, but it read to me that you turned left at a T junction (where you didn't have the right of way) across the path of a car that was overtaking slower traffic and was then struck by another car coming the opposite way. At the time you pulled out to turn left, you were distracted (eating)...

Your third accident occurred on or about Feb 19, 2014. While exceeding the speed limit, you rear ended the vehicle in front of you when it stopped for a stop sign that you failed to notice, and struck it so hard that it was pushed into another stopped vehicle...

...and yet you still think you are a responsible driver and should be considered blameless. (!!!) Wow.

By all means defend yourself as you have the perfect right to do so.

But for God's sake, wake up and realize that you are in fact a terrible driver and get serious about becoming a good driver before you do some real harm.
1) Was impossible to avoid hitting the door I'd like to see you do it. The door flew onto my car and cracked the windshield and I had to attempt to turn to avoid killing the guy who opened the door.

2) Two cars hit me, the car that first hit me was going the wrong way and the second car simply didn't notice an accident on the road and failed to stop

3) Couldn't brake in time as explained although here I agree I could be a lot more careful. I was in a hurry but if my accelerator didn't stick I'd have saved it.

1) Was definitely 100% unavoidable and its the fault of the one who opened the door. Even insurance person I asked agrees.
2) I don't really know about the first car going the wrong way but the second car that came was definitely at fault
3) My fault

Not saying am a flawless driver. I've driven in France and UK (a lot and never had accidents there) and in India too (had accidents there) but its India which drives crazy. And I'm only in my 20's so I'm a new driver.








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by: bend on
Thu Feb 20, 2014 1:15 am

admin wrote:Also how is your license not suspended due to the G2 points system?
The original poster has yet to be convicted of any of the 3 careless driving charges. They've all happened within the last 4 months and they are awaiting their trial(s).


bend
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by: bend on
Thu Feb 20, 2014 2:44 am

Just so you are aware, any conviction over 4 points is a violation for a Novice Driver.

First occurrence is a 30 day suspension.
Second occurrence is a 90 day suspension.
Third occurrence and your license will be cancelled. No credit for time or money. You start from G1 and go through the whole process again.

Considering the fact you're on the verge of losing your license and no normal insurance company will even deal with you after this, public transportation might be one of the few options you have left for years to come. I'd probably invest in some representation and try to salvage something out of this disaster.
MsDeeya wrote:1) Was impossible to avoid hitting the door I'd like to see you do it. The door flew onto my car and cracked the windshield...
From your description, it sounds like you were charged because you failed to keep reasonable control of your vehicle. The other driver was charged for opening their door, and rightfully so. I'm assuming you were charged for swerving around after the fact and smashing into the 2 vehicles in front of that car. Accidents happen, but you can't panic, swerve, and ram into everything and anything until it brings you to a stop. During your last careless driving charge, you hinted at smashing the gas pedal instead of the brake. I'm going to assume there was some panic here that led to a scene way out of proportion to the situation. Find some legal representation.
MsDeeya wrote:I had to attempt to turn to avoid killing the guy who opened the door.
Yet you smashed into the vehicles closest to him, not opposite him.
MsDeeya wrote:2) Two cars hit me, the car that first hit me was going the wrong way and the second car simply didn't notice an accident on the road and failed to stop
I read this story months ago and can't make much sense of the situation to even comment. It makes as much sense as your stuck accelerator story. Find some legal representation.
MsDeeya wrote:3) Couldn't brake in time as explained although here I agree I could be a lot more careful. I was in a hurry but if my accelerator didn't stick I'd have saved it.
To say my BS meter is going off would be an understatement. You smashed the gas while confusing it for the brake. Then you go into this fable about a stuck accelerator. Find some legal representation and don't repeat this story ever again. It's insulting.

MsDeeya wrote:Not saying am a flawless driver. I've driven in France and UK (a lot and never had accidents there) and in India too (had accidents there) but its India which drives crazy. And I'm only in my 20's so I'm a new driver.
You don't even have your G license yet. 3 Careless Driving charges and how many cars are you responsible for damaging? 5? 6? In 4 months? It's probably best they take your license away before you kill someone with another "stuck accelerator".




MsDeeya
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by: MsDeeya on
Thu Feb 20, 2014 1:50 pm

bend wrote:Just so you are aware, any conviction over 4 points is a violation for a Novice Driver.

First occurrence is a 30 day suspension.
Second occurrence is a 90 day suspension.
Third occurrence and your license will be cancelled. No credit for time or money. You start from G1 and go through the whole process again.

Considering the fact you're on the verge of losing your license and no normal insurance company will even deal with you after this, public transportation might be one of the few options you have left for years to come. I'd probably invest in some representation and try to salvage something out of this disaster.
MsDeeya wrote:1) Was impossible to avoid hitting the door I'd like to see you do it. The door flew onto my car and cracked the windshield...
From your description, it sounds like you were charged because you failed to keep reasonable control of your vehicle. The other driver was charged for opening their door, and rightfully so. I'm assuming you were charged for swerving around after the fact and smashing into the 2 vehicles in front of that car. Accidents happen, but you can't panic, swerve, and ram into everything and anything until it brings you to a stop. During your last careless driving charge, you hinted at smashing the gas pedal instead of the brake. I'm going to assume there was some panic here that led to a scene way out of proportion to the situation. Find some legal representation.
MsDeeya wrote:I had to attempt to turn to avoid killing the guy who opened the door.
Yet you smashed into the vehicles closest to him, not opposite him.
MsDeeya wrote:2) Two cars hit me, the car that first hit me was going the wrong way and the second car simply didn't notice an accident on the road and failed to stop
I read this story months ago and can't make much sense of the situation to even comment. It makes as much sense as your stuck accelerator story. Find some legal representation.
MsDeeya wrote:3) Couldn't brake in time as explained although here I agree I could be a lot more careful. I was in a hurry but if my accelerator didn't stick I'd have saved it.
To say my BS meter is going off would be an understatement. You smashed the gas while confusing it for the brake. Then you go into this fable about a stuck accelerator. Find some legal representation and don't repeat this story ever again. It's insulting.

MsDeeya wrote:Not saying am a flawless driver. I've driven in France and UK (a lot and never had accidents there) and in India too (had accidents there) but its India which drives crazy. And I'm only in my 20's so I'm a new driver.
You don't even have your G license yet. 3 Careless Driving charges and how many cars are you responsible for damaging? 5? 6? In 4 months? It's probably best they take your license away before you kill someone with another "stuck accelerator".
For the 1st one I did swerve away in the correct direction to avoid so that I didn't injure the person. However since I couldn't see due to door + damage and didn't want to hit oncoming traffic or anything in the other lane I then tried to swerve back but then hit the cars. I've asked a lawyer friend and she says for this incident it will almost definitely be dropped in court.

For the second one its quite simple I did hit a car at a junction but that car was driving the wrong way. I don't know how fault is supposed to be here. The next car that came and hit me is definitely not my fault.

For the third from a fault point of view its my fault but I hope to try and reduce it to following to closely. I don't have my G license but have a full Europe license and India license.


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