momentary distraction

rrv
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malfunctioning brakes

by: rrv on
Sat Sep 24, 2011 2:01 pm

Hi

I have recently been involved in a rear end collision
I have been charged with careless
There was a situation up ahead where vehicles came to an emergency stop
After reviewing what has happened I am trying to figure out why I couldn't stop in time
When I applied my brakes hard I did not get a strong braking response
My brakes seemed to be working ok in normal braking situations
My question is does having a braking system that wasn't performing properly constitute careless driving
There are other circumstances as well but I will cover one detail at a time
I look forward to your input
Rrv


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by: Stanton on
Sat Sep 24, 2011 2:17 pm

rrv wrote:My question is does having a braking system that wasn't performing properly constitute careless driving
Assuming the vehicle is properly maintained and the failure could not reasonably be predicted, I would say no.

You would need some type of mechanical inspection report to support this type of defence however. Simply saying your brakes didn't perform as expected would not be sufficient.


rrv
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by: rrv on
Sat Sep 24, 2011 4:11 pm

Hi all

Right before the accident that I have breifly described in my other post on brakes my attention was diverted by three workers in the ditch

They were on the opposite side of the road

I looked at them long enough to determine what they were doing,

collecting garbage from the ditch

When I looked back is when the emergency situation was unfolding in front of me

I believe that this decreased my time to assess and respond to situation ahead of me

Does this have any impact on my careless situation

I look forward to your input

Rrv


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by: rrv on
Tue Sep 27, 2011 11:06 pm

Thanks Stanton

Well I need to get the car back from the insurance company for my mechanic to do a thorough inspection

I did not make that statement regarding the workers or the brakes to the officer at the scene

I felt I was not speeding and I consider my self to be a safe skilled driver

One other observation as I look back I recall the scene as i approached it looked distorted as if the sun and or shadows made the scene tough to decipher

It almost looked like a bit of a fog but there was not any fog maybe light refraction on the windshield?

I am having a difficult time with this and am just glad no one was injured or worse

I tried to veer left to avoid the accident but a car was coming in the opposing lane forcing me back towards the vehicle i struck

I look forward to all your input

Please be somewhat gentle :oops:

rrv


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by: rrv on
Tue Sep 27, 2011 11:12 pm

p.s. I was a little distracted from the impact and airbags after the accident and told the ems so not a good time to be making statements to the LEO

rrv


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by: Radar Identified on
Wed Sep 28, 2011 1:51 pm

rrv wrote:my attention was diverted by three workers in the ditch
That would likely be used against you in court. Looking over at workers in a ditch while the vehicle was still in motion "long enough to determine what they were doing," particularly since they were on the opposite side of the road, is probably going to be viewed as driving without due care and attention (which is the definition of careless driving).

In other words - don't use that as a defence.
* 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: Stanton on
Wed Sep 28, 2011 3:01 pm

Agreed, your statement sounds like an admission of careless driving. The good thing is it's a tough charge to prove, especially if you didn't provide a statement, but not one you want to risk being convicted of.

Have you talked with the Crown about a plea deal to a lesser offence? They usually offer one and it's certainly better to plead out to something less serious unless getting off the careless charge is a sure thing.


rrv
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by: rrv on
Wed Sep 28, 2011 8:51 pm

I really appreciate all the input

I told the officer my believed speed

Following distance and what i recalled about the vehicle in front of me

He informed me of the charge and recommended I plea it down

He said with my driving record being clean I should get an offer following too close

He went as far to say that he would include that recommendation in his report though I don't know if he can do that

Thanks again

rrv


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by: Omega_Gin on
Thu Sep 29, 2011 2:45 am

rrv wrote:Hi

I have recently been involved in a rear end collision
I have been charged with careless
There was a situation up ahead where vehicles came to an emergency stop
After reviewing what has happened I am trying to figure out why I couldn't stop in time
When I applied my brakes hard I did not get a strong braking response
My brakes seemed to be working ok in normal braking situations
My question is does having a braking system that wasn't performing properly constitute careless driving
There are other circumstances as well but I will cover one detail at a time
I look forward to your input
Rrv
The same thing happened to my step-dad about 3 years ago. He applied the brakes, but they did not kick in right away and he did not get a strong brake response, but they were working previous to the incident. Unfortunately I am unable to say whether or not it would count as careless as in my step-dad's incident, the guy he rear-ended looked back and saw he was okay, then drove off, which put him at fault. Honestly, if you go to a mechanic and get a report proving that something was wrong with the brakes then I'm sure you would have sufficient evidence to fight the charge. Otherwise I'm not sure there is much you can do. It might depend on how hard you hit him and what the damages are. I'm sure on this to be honest, but if it can be proved that you hit him, but applied the brakes, compared to appearing as though u hit him without (I know you stated you braked) then I'm sure you might be able to fight the charge.
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