It was a green light , a truck began to turn left, as i began to passed and he hit me. I swerved in time so that he hit my rear driver side. After they cleared the wreckage, the officer gave me a ticket for careless driving based on a "independent witness". I was too stunned to do anything at the time. My car is beyond wrecked. From my understanding ANYONE going straight has the right of way. If its a red light, its 50/50. mine WAS NOT a red light for certain. 100% but regardless, any help would be good please and thanks.
It was a green light , a truck began to turn left, as i began to passed and he hit me. I swerved in time so that he hit my rear driver side.
After they cleared the wreckage, the officer gave me a ticket for careless driving based on a "independent witness".
I was too stunned to do anything at the time. My car is beyond wrecked.
From my understanding ANYONE going straight has the right of way. If its a red light, its 50/50. mine WAS NOT a red light for certain. 100% but regardless, any help would be good please and thanks.
Last edited by arsenal6 on Wed Oct 06, 2010 1:59 am, edited 2 times in total.
Careless driving? You'll need to find out exactly what that "independent witness" saw. When you get a trial date, you can file for disclosure and get the officer's notes, as well as the collision report. That should tell you what this witness supposedly saw. I'd still recommend getting some sort of professional help with this particular charge. It's very serious. FYI - if you disobeyed a traffic signal, even if you were going straight, you are 100% at fault (Ontario Fault Determination Rules) for insurance purposes. However, if you were not able to stop in time for the amber light, and you were otherwise driving a reasonable and proper speed for the conditions, then that would not be disobeying a traffic signal. There's also a difference between "fault" and the Highway Traffic Act. Police do not use the Fault Determinaton Rules to decide who to give a ticket to - or at all. They charge based on the HTA. It is possible to be charged by police in a collision, but be 0% at fault according to the Fault Determination Rules. They're two separate pieces of legislation. Just out of curiosity, what was the speed limit on that road?
Careless driving? You'll need to find out exactly what that "independent witness" saw. When you get a trial date, you can file for disclosure and get the officer's notes, as well as the collision report. That should tell you what this witness supposedly saw.
I'd still recommend getting some sort of professional help with this particular charge. It's very serious.
FYI - if you disobeyed a traffic signal, even if you were going straight, you are 100% at fault (Ontario Fault Determination Rules) for insurance purposes. However, if you were not able to stop in time for the amber light, and you were otherwise driving a reasonable and proper speed for the conditions, then that would not be disobeying a traffic signal. There's also a difference between "fault" and the Highway Traffic Act. Police do not use the Fault Determinaton Rules to decide who to give a ticket to - or at all. They charge based on the HTA. It is possible to be charged by police in a collision, but be 0% at fault according to the Fault Determination Rules. They're two separate pieces of legislation.
Just out of curiosity, what was the speed limit on that road?
* 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
Which way was the truck and other car were going in relation to your vehicle? (If you could explain it such as you were headed north, truck was headed south turning east) Plus add on the interserction, a lot of posters use google to see the intersection to understand the layout to assist you. thanks HB Moderator
Which way was the truck and other car were going in relation to your vehicle? (If you could explain it such as you were headed north, truck was headed south turning east) Plus add on the interserction, a lot of posters use google to see the intersection to understand the layout to assist you.
thanks
HB
Moderator
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Judy was driving Amber's car when she was pulled over. She couldn't find the insurance papers and was charged with failure to surrender insurance card.
Amber said she does have insurance papers that says her car is insured, but she had canceled insurance after receiving the papers. Now if Judy…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could…
I received a speeding ticket yesterday, and was hoping to get some insight as to how to deal with it here.
I was driving, and I seen an officer driving behind a couple of oncoming cars. I looked down at my speed, and seen that I was doing slightly over 100 (ie 102/103), so I put on the…
looking for an official call on right turn onto a double lane road . If I'm at a four lane intersection , the lane across has an advance green to turn left , can I turn right into the second lane . The drivers across are suppose to stay in the leftmost lane which should allow me to merge into the…
Hello, I am sure people are getting tired of asking about this hand held electronic device section, but I would like to know if a piece of paper is included in this description? I was ticketed just a few days ago for holding a gas station receipt in my hand to stop it from flapping in the breeze…
So i got stopped. He told me he stopped me because "you were squealing your tires back there, and then you were talking on your phone." I replied with a smirk that its a cadillac, i cant squeal the tires. Then he said "are you saying you werent talking on the phone? And i hesitated and just said…
I was driving with a passenger in my Cab, when I was pulled over. When the Officer approached the Cab, he asked if I had a good reason for not wearing my seat-belt. I stated to him, because I have a passenger, to which he responded with "Their is a National Seat Belt Campaign" on and with zero…
I was pulled over a couple days ago going down a steep incline on my way to Cobourg. In order to get up a hill in my vehicle, I have to go at least 90 or it gets stuck between gears and then when I was going down the hill I wasn't riding my brake or touching the gas, it just gained speed. When I…