Rear End Collision - Careless Driving

butterflydc
Newbie
Newbie
Posts: 6
Joined:

Rear End Collision - Careless Driving

Unread post by butterflydc on

I was driving on Hwy 401 Cambridge at 5PM.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
I hit the brakes as soon as possible and held it for more than 3 seconds.
I pushed the brakes to the end as I realize that I may not have enough space to stop.
I heard loud cracking noises from the brakes as the tires skidded through some snow.
I tried to pull into the emergency vehicle lane to avoid contact but was too late.
The front right side of my car hit the left side of the rear of the other car.

No injury was detected for the other party by the ambulance onsite.

There was no sign of snow anywhere else on the Highway except for the place that I crashed my car.
I had changed to snow tires 2 days before the accident and I was not accustomed to the delayed effect it had on the brakes.
I know that snow tires are supposed to make the braking distance shorter, but the ones I had on the car did not.
The day of the accident was the first time I drove after changing the tires.
The passenger in my car was able to identify snow tracks on the road where I collided, also she said I wasn't driving very fast at the time.

I am a graduating university student with a G license and no history of traffic offense.

Do I have a case here to plead not guilty for Careless Driving?


ynotp
Sr. Member
Sr. Member
Posts: 548
Joined:
Location: Ontario

Posting Awards

Unread post by ynotp on

Snow tires not giving you as much stopping distance you are used to is not going to help. Careless is a serious charge and you should request a trial, ask for disclosure and see what the evidence against you is. Never plead guilty before you have examined the case against you. If you speak to a prosecutor you will very likely to be offered a reduced charge in exchange for pleading guilty.


butterflydc
Newbie
Newbie
Posts: 6
Joined:

Unread post by butterflydc on

ynotp wrote:Snow tires not giving you as much stopping distance you are used to is not going to help. Careless is a serious charge and you should request a trial, ask for disclosure and see what the evidence against you is. Never plead guilty before you have examined the case against you. If you speak to a prosecutor you will very likely to be offered a reduced charge in exchange for pleading guilty.

How do i ask for disclosure? Do I request it through trial? or simply talk to the prosecutor and ask for evidence against me?


iFly55
Sr. Member
Sr. Member
Posts: 561
Joined:

Posting Awards

Unread post by iFly55 on

Sample Disclosure Request: http://www.ontariohighwaytrafficact.com/topic2959.html

You have to submit the request at the prosecutor's office at least 8 weeks before your trial. You'll most likely have to pick up disclosure in-person at the prosecutor's office, they might have an e-mail option.


butterflydc
Newbie
Newbie
Posts: 6
Joined:

Unread post by butterflydc on

iFly55 wrote:Sample Disclosure Request: http://www.ontariohighwaytrafficact.com/topic2959.html

You have to submit the request at the prosecutor's office at least 8 weeks before your trial. You'll most likely have to pick up disclosure in-person at the prosecutor's office, they might have an e-mail option.

I know that Careless Driving is really hard to prove, so what type of proof do the prosecutors usually provide for this case scenario where the defendant is at fault?


bend
Moderator
Moderator
Posts: 1155
Joined:

Posting Awards

Moderator

Unread post by bend on

butterflydc wrote:I know that Careless Driving is really hard to prove, so what type of proof do the prosecutors usually provide for this case scenario where the defendant is at fault?
How about you hit a car from behind which means you were too close to the vehicles in front of you and you didn't leave enough space for this very scenario?

Careless Driving isn't a charge where you want to play poker at your trial date. You don't want to plead guilty to the charge, but you probably don't want to play hero at your trial date either. They will probably offer you a reduced charge at your trial. Take it into consideration before you get too confident.


butterflydc
Newbie
Newbie
Posts: 6
Joined:

Unread post by butterflydc on

bend wrote:
butterflydc wrote:I know that Careless Driving is really hard to prove, so what type of proof do the prosecutors usually provide for this case scenario where the defendant is at fault?
How about you hit a car from behind which means you were too close to the vehicles in front of you and you didn't leave enough space for this very scenario?

Careless Driving isn't a charge where you want to play poker at your trial date. You don't want to plead guilty to the charge, but you probably don't want to play hero at your trial date either. They will probably offer you a reduced charge at your trial. Take it into consideration before you get too confident.
If Im confident about this trial, then I wouldn't post here.
Im not trying to play hero, this incidence does not apply to "following too closely" since I reared the other car few seconds after changing lane and I had no line of sight until I changed over to the left lane. The reason why I changed to the left passing lane was because a big vehicle was in front of me, at the same time, that big vehicle created a blind spot on the left passing lane.


User avatar
Decatur
Moderator
Moderator
Posts: 697
Joined:

Posting Awards

Moderator

Unread post by Decatur on

The big vehicle didn't create the blind spot. You did.The further you are from the rear of a large vehicle, the more you can see.
You indicate "There was no sign of snow anywhere else on the Highway except for the place that I crashed my car."
200m to stop under those circumstances is generally more than double the distance required at the speed limit of 100 km/h

When "Follow too close" doesn't apply, Careless Driving is the appropriate charge. Regardless of weather or road conditions.

You may want to see if the prosecutor will cut a deal on this one.


butterflydc
Newbie
Newbie
Posts: 6
Joined:

Unread post by butterflydc on

Decatur wrote:The big vehicle didn't create the blind spot. You did.The further you are from the rear of a large vehicle, the more you can see.
You indicate "There was no sign of snow anywhere else on the Highway except for the place that I crashed my car."
200m to stop under those circumstances is generally more than double the distance required at the speed limit of 100 km/h

When "Follow too close" doesn't apply, Careless Driving is the appropriate charge. Regardless of weather or road conditions.

You may want to see if the prosecutor will cut a deal on this one.

Thanks for the input.
When I was approaching the big vehicle from behind, I did take a glance in the left lane, and there was a gap and the cars are still moving.
Please refer to this post for updated version of the story.

http://www.ontariohighwaytrafficact.com/topic5719.html


butterflydc
Newbie
Newbie
Posts: 6
Joined:

Unread post by butterflydc on

[updated version]

I was driving on Hwy 401 Cambridge at 5PM.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
I hit the brakes as soon as possible, I had at least 6 cars distance to the vehicle in front of me, but unexpectedly the left lane had snow covered on it, and the Anti-lock Braking System significantly increased the braking distance.
I heard loud cracking noises from the brakes as the tires skidded through some snow.
I tried to pull into the emergency vehicle lane to avoid contact but was too late.
The front right side of my car hit the left side of the rear of the other car.

There was no snow on any other lane except the left lane.

No injury was detected for the other party by the ambulance onsite.

I had changed to snow tires 2 days before the accident.
I know that snow tires are supposed to make the braking distance shorter, but the Anti-Lock Braking system increased my braking distance, and I was unaccustomed to this sudden change.

The day of the accident was the first time I drove after changing the tires.
The passenger in my car was able to identify snow tracks on the road where I collided, also she said I wasn't driving very fast at the time.

I am a graduating university student with a G license and no history of traffic offense.

Do I have a case here to plead not guilty for Careless Driving?






Post Reply

Return to “Careless Driving”