failiure to drive within a marked lane

dalimerley
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failiure to drive within a marked lane

by: dalimerley on
Tue Jul 28, 2009 9:37 am

i was in a road traffic accident on friday. a guy pulled out of a side road onto a main highway in front of me. i hit him in the middle of the road but was swerving left to hit him on the front and not cause a major accident. i was charged with failing to drive in a marked lane and he was charged with nothing! i was trying to avoid the accident that was caused by him. apparently i should have hit him head on in the side or swerved to the right and wrapped my car around a huge telegraph pole! as it goes, nobody was hurt, i was ok to cross the lines because there was no traffic on the other side of the road and it had the best possible outcome for him. i have only been given the ticket, no traffic report and no charges were laid at the scene only after the investigation which is based on witnesses who are friends of the other driver, i was on my own. surely, at the very least, the other guy should have been charged with something. also him and his friends removed all the debris and moved the car before any of the emergency services turned up. how do i defend this.


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hwybear
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by: hwybear on
Tue Jul 28, 2009 10:55 am

A vehicle at a intersecting road, controlled by a stop sign or yield sign shall yield the right of way to traffic on a thru highway.
Others members on here will be helpful to you.

** moving the debris and car to the shoulder prior to police arrival is GOOD**

Clearing of debris and car to shoulder keeps the area free from another collision as vehicles will back log and do stupid things to get around the scene.

When I arrive, always move the cars and kick the debris away to get the road open, if car is disabled, I use the pushbumpers to move it, if possible.

Only reason to leave a car is if it completely disabled, or serious bodily harm or death where a collision investigator will attend (with surveying type equipment to measure, etc)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Bookm
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by: Bookm on
Tue Jul 28, 2009 1:01 pm

Just to clarify... You hit him when you turned to the left into the oncoming traffic lanes? Had he cleared your side of the road? Would he have cleared your lane if you had just braked in a straight line?

I just can't figure out why YOU were charge :?


dalimerley
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by: dalimerley on
Tue Jul 28, 2009 5:29 pm

thanks for the response, no i hit the vehicle on my side of the road just inside the center line of the highway in his front fender, between the bumper and the wheel, so he was fully across my lane of the highway.
If i had braked in a straight line i would of T- Boned him and would of caused serious injuries as it would of hit him across the drivers door and rear passenger doors. I can't understand why he was not charged with failing to yield. The police officer said she did not want to charge me but her Boss said she had to, totally unbelievable.


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Bookm
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by: Bookm on
Tue Jul 28, 2009 5:57 pm

Weird. Well plead not-guilty and request disclosure. Would be very interested in seeing the officers notes on this one.


dalimerley
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by: dalimerley on
Tue Jul 28, 2009 6:21 pm

I am going to plead not guilty & ask for full disclosure. The officer told us she would give us the full traffic report at the scene of the accident after the weekend when she returned to duty but she has not now, so i will plead not guilty and ask for full disclosure and see what she says in her report. thanks again for your response. I find this weird as well. :?


dalimerley
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by: dalimerley on
Wed Jul 29, 2009 4:34 pm

Well the other guy has admitted 100% liability for the accident now so that's better. My insurance company say I should not of been charged as I was trying to avoid an RTA caused by the other driver not yielding at a stop sign, do you think i could now get the ticket thrown out & not have to go to court, also i would not of entered the other lane if we had not made contact. Also as he has admitted the liability 100% surely he should be charged for causing the RTA.


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