Pedestrian Hit - Driver Only Charged Under HTA 142-1

queenie0918
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Pedestrian Hit - Driver Only Charged Under HTA 142-1

by: queenie0918 on
Tue Sep 25, 2018 2:36 pm

I was recently hit by a car while crossing an intersection at a green light. The driver was making a left turn and hit me while going 30 km/h around the corner. I slammed head first into the windshield and rolled up over the car.

I suffered a severe concussion, whiplash, broken bones in my face and a large gash/hole in my forehead. I just got the Motor Vehicle Collision Report and see that the driver was only charged under the Highway Traffic Act 142-1 - failing to see if it was safe to turn before entering intersection.

Should this driver not have been charged with careless driving since she caused bodily harm? Its not as if I was jaywalking - I was crossing at a green light.

Is there anyway to have her charged with this after the fact?

Thanks,


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by: admin on
Fri Sep 28, 2018 1:24 am

queenie0918 wrote:
Tue Sep 25, 2018 2:36 pm
Should this driver not have been charged with careless driving since she caused bodily harm? Its not as if I was jaywalking - I was crossing at a green light.
That is scary and sorry that happened to you! Could be different factors the police looked into when charging with careless driving so its hard to say why they didnt or did from a forums point of view.


ck811
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by: ck811 on
Wed Oct 03, 2018 5:12 am

To expand on admin's post, as far as I am aware, Canadian and Ontarian justice models do not necessarily subscribe to retributive justice or revenge. It is very unfortunate that you were injured by a motor vehicle while you were a pedestrian lawfully crossing an intersection. However, a charge under HTA 142(1) may be most applicable unless: it can be proven that the driver of the vehicle was driving without due care and attention or reasonable consideration (HTA 130(1)), was driving in a manner that may limit his or her ability to prudently adjust to changing circumstances on the highway (HTA 130(5)), or was operating a motor vehicle in a manner dangerous to the public with consideration to the nature, use, place and traffic expected at the particular place and time (CCC 249(1)).

At the risk of sounding somewhat insensitive: In this particular case, the fact that you were severely injured, while not irrelevant to you, is somewhat irrelevant to the court. In other words, the consequences of the collision do not necessarily dictate the punishment dealt out to the at-fault motorist. The motorist is clearly at fault in this particular circumstance. However, there may be other factors, not necessarily conveyed in either a forum post or motor vehicle collision report, as admin has already mentioned.


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