Careless

KELCRAW
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Careless

by: KELCRAW on
Thu Mar 01, 2012 4:14 pm

I was in a 4 car accident close to an intersection with a green light. I was the second car in the accident and approx. the 10th car from the actual intersection. This is what I know. I was rear ended by the car behind me who was rearended by the car behind them and in turn I was pushed into the car in front of me. I have $8,000 in damage to the rear of my car and only paint transfer on my licence plate on the front. I was charged with careless. The officer told me to go to court and fight it down to following too close, but I was not following too close either. What should I do?
This is my first accident I don't have any tickets.


KELCRAW
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by: KELCRAW on
Fri Mar 02, 2012 3:53 pm

I just noticed on my ticket that I was charged with careless but it quotes section 15 of the Ontario Highway Traffic Act. It should say section 130? Will this be thrown out?




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by: Radar Identified on
Tue Mar 06, 2012 2:14 pm

Ticket should say section 130, but if the description of the offence is correct (ie "Careless Driving") it is often not enough to get it tossed. If the section referred to might confuse the defendant about what he/she is charged with, then it usually is enough to get it tossed... For example, the officer writes "Driver fail to wear seat belt" but quotes the section about a passenger not wearing a seat belt.

Personally, with serious offences like this one, I'd look to get some sort of legal representation, like a paralegal or traffic lawyer.

As far as you being charged with careless driving, given the fact that you were slammed in to by the car behind you, which pushed you into the vehicle in front, there's a good chance that you should be able to have the charge withdrawn, or win at trial.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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by: KELCRAW on
Wed Mar 07, 2012 3:22 pm

What I said happened is exactly what happened, I would prefer to do this without hiring anyone, since I really feel I havent done anything wrong. Is that a mistake?


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by: Stanton on
Wed Mar 07, 2012 4:15 pm

It's not a mistake, it's just that the ramifications for being convicted are pretty serious compared to your average ticket. You wouldn't want to represent yourself unless you're comfortable with the Courts and trial process.


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by: Radar Identified on
Wed Mar 07, 2012 9:00 pm

KELCRAW wrote:I would prefer to do this without hiring anyone, since I really feel I havent done anything wrong.
Are you assuming that the only time you should hire someone is IF you've done something wrong?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca




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by: KELCRAW on
Tue Mar 13, 2012 3:15 pm

I called my insurance company and had them send me a copy of the incident report as I was not given one at the time of the accident. It says on the report that I was the one who hit the car in front of me first and caused a chain reaction and am 100% responsible for the accident. I am 100% sure without a doubt in my mind that I was rear ended before I hit the car in front of me. Does it make a difference? What do you suggest I do now?


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by: Radar Identified on
Wed Mar 14, 2012 11:32 pm

Well that explains the careless driving charge...

It does make a difference. If you got hit first and got slammed into the vehicle in front of you, that's a completely different situation for insurance purposes. You could dispute it, but it will take some time. The question is, how did they figure that you were the first one to cause an impact?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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by: KELCRAW on
Thu Mar 15, 2012 8:41 am

Not sure really. The officer didn't even talk to us. So insurance says because of the incident report we are 100 percent at fault, if we can prove that we were pushed will that change in the eyes of the insurance company? Wouldn't the fact that the rear of my car had massive damage and only a scratch to the front be some sort of proof? If I hit the front car first and was then rearended would there not be more damage to the front of my car?


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by: Radar Identified on
Thu Mar 15, 2012 1:50 pm

KELCRAW wrote:So insurance says because of the incident report we are 100 percent at fault, if we can prove that we were pushed will that change in the eyes of the insurance company?
Yes. It's a completely different scenario according to the Fault Determination Rules, which the insurance companies use to determine who is "at fault."
KELCRAW wrote:Wouldn't the fact that the rear of my car had massive damage and only a scratch to the front be some sort of proof?
If you don't have some photographs of the collision scene or your car, see if the auto body shop has them and/or can provide them. (Not sure if they would.) Send them to the insurance adjuster and see if that changes anything.
KELCRAW wrote:If I hit the front car first and was then rearended would there not be more damage to the front of my car?
I suppose you could've tapped the bumper of the car in front of you, then been severely rear-ended by the guy behind you... but there probably would've been more damage to the front of your vehicle (as you said).

Who did the officer talk to, anyway?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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by: KELCRAW on
Thu Mar 15, 2012 2:21 pm

It seemed to me that he only talked to the person in front of me. From the time the accident happened until we were released was only 25 minutes so he really didn't have time to talk to anyone, but he wrote on the incident report that the front car was slowing to a stop when I hit him. So apparently he talked to him.


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by: KELCRAW on
Tue Mar 20, 2012 9:49 am

I just found out that the amount of the fine on my ticket is also incorrect. I guess it is minimum 400.00 now (it changed 6 months ago a cop told me). Mine says 325.00. What are my chances of getting this thrown out now? Isnt the fine amount a fatal error?


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by: Radar Identified on
Fri Mar 23, 2012 12:18 am

Did you get summoned to court or is it a Provincial Offences Notice (part I)? The total payable should be $490, set fine of $400. If he wrote a set fine of $265 with a total payable of $325, you have a fatal error on your ticket, my friend... but only if it is a Part I notice and not a Summons.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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