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Hit a bike, charged with Careless Driving
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PostPosted: Fri Oct 18, 2013 6:30 pm 
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Joined: Fri Oct 18, 2013 6:24 pm
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I was turning right on an intersection, when a kid on his bike rode out. I didn't see him, and I hit him. He scraped his leg, and he was sent to the hospital. The officer on duty at the scene charged me with careless driving. I have learned that this charge, if uncontested, will give 6 demerit points, and tank my insurance rates, not to mention the fines. Is there a way to lessen the punishment for this charge? I plan to go for early resolution, have any advice for me?


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Re: Hit a bike, charged with Careless Driving
PostPosted: Fri Oct 18, 2013 7:41 pm 
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Joined: Tue Nov 13, 2007 5:04 pm
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Location: Ontario, Canada
You need to walk your bike across an intersection, not ride off like that. Fight it.

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Re: Hit a bike, charged with Careless Driving
PostPosted: Fri Oct 18, 2013 8:07 pm 
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Ok, thanks. Really gave me some relief, as I've heard about the insurance issues this can cause.


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Re: Hit a bike, charged with Careless Driving
PostPosted: Fri Oct 18, 2013 8:45 pm 
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Location: Ontario, Canada
Riding in crosswalks prohibited

(29) No person shall ride a bicycle across a roadway within or along a crosswalk at an intersection or at a location other than an intersection which location is controlled by a traffic control signal system. R.S.O. 1990, c. H.8, s. 144 (29).

http://www.golishlaw.com/statutes/oh08ht_a.htm

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Re: Hit a bike, charged with Careless Driving
PostPosted: Sun Oct 20, 2013 9:52 pm 
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Joined: Wed Apr 07, 2010 10:14 pm
Posts: 32
First of all, where exactly was the cyclist? Was he actually in the crosswalk or was he lawfully proceeding through the intersection. (If I'm on my bike on the road and ahead of a car and proceeding straight through the intersection, I do have the right of way.)

Second (assuming that the cyclist was in the crosswalk), you still have a problem. Replace cyclist with pedestrian and you clearly failed to exhibit complete situational awareness. Suppose someone were running across the road instead of cycling. You still need eyes on the crosswalk that you're about to drive across. The car turning right does not automatically have the right of way. So perhaps the kid could be charged with violating the section listed above. But you still have to yield to bikes, runners, walkers, dogs, cats and turtles in that crosswalk. I really don't want to be confrontational, so don't answer if you don't want to, but how did you not see the kid?

Not to be morbid, but here is an example of why everyone needs to pay attention to the crosswalk on the right. http://www.durhamregion.com/news-story/ ... ump-truck/


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