HTA 136(1)(b)

hershey
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HTA 136(1)(b)

by: hershey on
Tue May 20, 2008 5:13 pm

Son, 18, in a car accident this weekend. The charge is "fail to yield to traffic on through highway." Both cars write offs - both received treatment on site.
The corner is a blind corner.
Verbally the officer confirmed that he had stopped at the right spots and that is was 'just an accident.' There is a stop sign but if you used that as your stop sign you would look directly at a building on the right. The white line is further up, then you look at the front of the building and some of the highway. If you go further then you are in the oncoming lane of left side traffic.
He stopped at stop sign, moved forward, stopped at white line and did not see any traffic left or right. Proceeded into intersection (crossing over the highway) and there was a car coming from the right. His front hit the rear drivers side, both spun, hit again, his car came to a stand still in the intersection, other vehicle proceeded .1 km down the road. Ticket says son was going 25km and oncoming car 90 km. The car he was driving was a Hyundai Accent, I have difficulty believing it could get to 25km half way across the road and that the other car may have been going faster since it travelled so far after impact.
Witnesses say the intersection has a history for accidents - including a fatality recently. Rumble strips were added 2 years ago, neighbours have been petitioning for amber lights or 4 way stop.
We plan on pleading 'not guilty' but what can we expect. Where could I find past history of accidents at the intersection? It did not happen near home.
We all know what will happen to his insurance if he is found guilty.
Thanks for your help.


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Bookm
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by: Bookm on
Tue May 20, 2008 6:33 pm

The insurance companies will ultimately determine fault for their own purposes, irregardless of any police charges.

It's not likely any fault will be laid against the other driver, and a Judge would likely state that your son chose to proceed despite insufficient visibility, so he's at fault.

It might be a good time to discuss this with your lawyer.


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hwybear
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by: hwybear on
Tue May 20, 2008 7:23 pm

A ticket would not have 25km/hr on it. It must be from the Traffic Collision Report, where the speeds are usually obtained by asking the driver.
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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hwybear
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by: hwybear on
Wed May 21, 2008 6:59 am

hershey wrote:Witnesses say the intersection has a history for accidents - including a fatality recently. Rumble strips were added 2 years ago, neighbours have been petitioning for amber lights or 4 way stop.
If this intersection is so bad, then surely your son should be well aware of this, if not, there is some fall back to poor driving instruction.

In the area I live, I know the high collision intersections, what intersections are even "blind" etc. (and No it is not my area)

Amber lights would not prevent the collision either....have to go all the way to 4 way stop or traffic lights.
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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