Got a careless driving charge at non-functional traffic

Johnjohn
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Got a careless driving charge at non-functional traffic

by: Johnjohn on
Wed Mar 12, 2014 2:12 pm

First accident involved, was laid charge with careless driving at a non-functional traffic light intersection.

I was driving a car southbound on Victoria Park Ave approching Finch Ave aorund 9:00am on Dec 22, 2013 and my car T-bond up to another car which was westbound on Finch Ave.
The intersection traffic light was not working due to ice storm power outage. I believe both of us arrived stop line of that intersection almost same time. I was think I had the right-of-way and proceeding the intersection and got a T-bond accident. 40 minutes later, police officer was present the scene and laid charge to me---Careless driving. because the other driver got 2 witness against me.
I checked Toronto Police Service information about this ice storm. it said that the weather and road condition
was extreme hazard. Every driver must treat the non-fuctional traffic light intersection as a 4-way stop by Law.

My question is:
a 4-way stop is a sort of sign created by City Toronto at intersection where there is not power supply then.
Can I argue on the court this is a infraction to Toronto city by Law, supposed not regulated by H.T.A(130) ?

I really appreciate your guys any put insight.
Thanks in advance for your help!


ynotp
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by: ynotp on
Wed Mar 12, 2014 2:44 pm

You can argue whatever you want but I doubt you will be successful. You need you get your disclosure and see what the officer's notes say about the witness statements. I'm going to guess they are saying you blew into that intersection without stopping and were hit by the other car who just started to proceed from the 4 way stop (they might even say the light was working and you blew a red).
How did insurance assess fault?


bend
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by: bend on
Wed Mar 12, 2014 2:59 pm

Johnjohn wrote:My question is:
a 4-way stop is a sort of sign created by City Toronto at intersection where there is not power supply then.
Can I argue on the court this is a infraction to Toronto city by Law, supposed not regulated by H.T.A(130) ?
You arrived at an uncontrolled intersection where the yield/stop/right of way rules apply, and yes (uncontrolled intersection) is covered in the Highway Traffic Act.




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