Careless driving in severe rain

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Joined: Fri Sep 02, 2011 7:00 pm

Careless driving in severe rain

by: penhandle on
Fri Sep 02, 2011 7:15 pm

I'm posting this for my girlfriend's accident -- I was in the car with her so I have a full account.
We were driving on the DVP on a rainy day. When we got on the highway it started raining quite severely. We were driving in the left lane, next to the barrier, and noticed that the lane was beginning to pool. Almost immediately after we noticed this, the car began to drift towards the barrier and my girlfriend lost control. We swerved a bit as she tried to regain control, before hitting the barrier and bouncing a couple of times before spinning and ending up backwards in the same lane. The cops came and slapped her with a careless driving charge because "they had to charge her", otherwise the city may have to pay for damage to the barrier (??). She was driving carefully with the flow of traffic, well aware of conditions. The pooling came up pretty suddenly and she didn't have time to notice it was a problem. The tow truck driver who stopped actually witnessed the collision, and we talked to him after and got a statement stating that he was two lanes over, going the speed limit when he saw the accident. The cops didn't realize he was a witness and didn't question him.

Is it really possible to get a careless driving charge here? Also, where can we get a detailed weather report for the time and day of the accident?
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by: Stanton on
Sat Sep 03, 2011 10:27 am

Careless driving is a difficult charge to prove, but I wouldn't say your girlfriend's charge is completely baseless. You are required to drive according to the conditions, and you would have to show that the weather/road condition change was so sudden, that there was no way to expect it or to react to it. The officer didn't actually have to charge your girlfriend since she would be at fault regardless for the damages, but probably felt a charge was appropriate.

At the very least I would suggest seeking disclosure to see what evidence the officer has and then seek a resolution meeting with the Crown. In my experience they almost always offer a plea deal to a lesser charge. Because a careless conviction can easily double your insurance rates, a plea deal may the best way to go, unless you're certain you can totally beat the careless charge in Court. I'd certainly suggest seeking legal representation if you do decide to fight the charge outright.
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by: Radar Identified on
Sun Sep 04, 2011 12:27 am

You'd have to show that your girlfriend was driving with due care and attention. Did you happen to get the tow truck driver's contact information? Even if the police did not talk to him... he could be a witness for you (depending on what he has to say).
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. * OR
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