My son, the 16 year old teenager, was cycling along the road and saw a car slowing down ahead of him without showing any turn signals. Unsure of the driver actions, my son turned to the deserted sidewalk on his right where he continued biking for some time until car turned sharply right to his driveway just a meter in front of my son without seeing him. To avoid a collision my son turned right but car continued moving since the driver still didnt notice him and the collision occurred. My barely managed to keep control of his bicycle and avoid a serious injury, however his left leg was hit. He was in such shock and pain that he couldnt think clearly and was not able to use right judgment and tried to distance himself from the collision scene to check his hit leg. This accident was investigated by a police officer who granted my son with "Fail to remain" ticket. He told us that the driver would be charged for careless driving since he didnt notice cyclist on a sidewalk and collided with him when making a right turn to the driveway if my son did not leave the scene. In spite of the "Fail to remain" ticket the car driver (plaintiff) wants us to pay his full damage ($1122.04) as this according to plaintiff this will not be reimbursed by his insurance company making a statement that the plaintiff should not have to make a claim for repairs on their automobile insurance when the individual responsible for the damage is known and bring this issue to the small claims court. Is this legal as the bicycle is covered under my home insurance company? The plaintiff has to prove one of three things: Negligence, intentional tort or strict liability. Can it be the case?
This guy is an idiot. Is he representing himself? When is your conferene hearing? Where was the damage to his car? In the very front? The side of the car? Tell me exactly? Who are these witnesses he's calling, too? You should get a copy of the police report filed by the cop.
This guy is an idiot.
Is he representing himself?
When is your conferene hearing?
Where was the damage to his car?
In the very front?
The side of the car?
Tell me exactly?
Who are these witnesses he's calling, too?
You should get a copy of the police report filed by the cop.
This is the letter the car driver wrote to the police officer. Interesting that he admits "...The cyclist left the roadway and went on to the sidewalk in an attempt to get around me on the right."
This is the letter the car driver wrote to the police officer.
Interesting that he admits "...The cyclist left the roadway and went on to the sidewalk in an attempt to get around me on the right."
He admits he only used his mirror. Big no, no. You must turn our head and look. Now, he claims the accident happened on the road. You said your son took to the sidewalk prior to the accident and was hit while on the sidewalk. Which is it? Has he sued you or has he sued your son?
He admits he only used his mirror. Big no, no. You must turn our head and look.
Now, he claims the accident happened on the road. You said your son took to the sidewalk prior to the accident and was hit while on the sidewalk.
His story makes zero sense. He claims ALL cyclist ride down the hill at a great speed and blow the stop sign. As if. He claims your son was riding at a great deal of speed after going down the hill yet your son wasn't even thrown off his bike after being hit. He states your son was able to scrap the car and still managed to turn to the right and drive around the car. He admits he saw two boys on bikes, but when he looked in his left mirror he only saw one, yet he knew there were two boys. He claim he never saw you son in his right mirror, so where was yor son? He claims your son hit the right side of your car. He claims he never saw your son, but saw two boys seconds earlier, and still made the turn without bothering to look over his shoulder dispite admitting his car hs blind spots. He admits its a dangerous intersection and admits he knows bikes blow the stop sign yet he failed to use due care when turning. He also failed to mention that he signalled, because he knows he never signaled. 142. (1) The driver or operator of a vehicle upon a highway before turning to the ... right ... into a private ... driveway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.
His story makes zero sense. He claims ALL cyclist ride down the hill at a great speed and blow the stop sign. As if.
He claims your son was riding at a great deal of speed after going down the hill yet your son wasn't even thrown off his bike after being hit. He states your son was able to scrap the car and still managed to turn to the right and drive around the car.
He admits he saw two boys on bikes, but when he looked in his left mirror he only saw one, yet he knew there were two boys. He claim he never saw you son in his right mirror, so where was yor son? He claims your son hit the right side of your car.
He claims he never saw your son, but saw two boys seconds earlier, and still made the turn without bothering to look over his shoulder dispite admitting his car hs blind spots.
He admits its a dangerous intersection and admits he knows bikes blow the stop sign yet he failed to use due care when turning. He also failed to mention that he signalled, because he knows he never signaled.
142. (1) The driver or operator of a vehicle upon a highway before turning to the ... right ... into a private ... driveway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.
Last edited by lawmen on Tue Nov 11, 2008 10:06 pm, edited 1 time in total.
You've been claiming for a week or more that the accident happened on the sidewalk. Now it happened on the road. The god news is the boy witness claims the bikers were only 4 metres or 12 feet behind the car before it turned. Has the driver sued you or yor son?
You've been claiming for a week or more that the accident happened on the sidewalk. Now it happened on the road.
The god news is the boy witness claims the bikers were only 4 metres or 12 feet behind the car before it turned.
Answering your questions lawmen: I agree, we need to prove it in court... Yes and his wife. November 27, 2008. looks like I need to submit extra documents...(14 days prior) To prove that we are right and he is wrong... Right side of the car( full side). His List of witnesses is wide- that yong boy, police officer, his wife, and some other guy whom I never heard about before, may be he just found him...I have not seen his statement...
Answering your questions lawmen:
This guy is an idiot.
I agree, we need to prove it in court...
Is he representing himself?
Yes and his wife.
When is your conferene hearing?
November 27, 2008. looks like I need to submit extra documents...(14 days prior) To prove that we are right and he is wrong...
Where was the damage to his car?
Right side of the car( full side).
Who are these witnesses he's calling, too?
His List of witnesses is wide- that yong boy, police officer, his wife, and some other guy whom I never heard about before, may be he just found him...I have not seen his statement...
Now, he claims the accident happened on the road. You said your son took to the sidewalk prior to the accident and was hit while on the sidewalk. Which is it?
Last edited by piezomot on Tue Nov 11, 2008 10:59 pm, edited 3 times in total.
The accident happened on the road; not the sidewalk. I was assuming he took to the sidewalk a driveway or two before the drivers driveway. This means your son can be charged with failing to remain. However, he can still cannot be convicted of failing to report. If you got a retrial you're facing the greater penalites of failing to remain. As for you lawsuit, is he suing you or your son?
The accident happened on the road; not the sidewalk. I was assuming he took to the sidewalk a driveway or two before the drivers driveway.
This means your son can be charged with failing to remain. However, he can still cannot be convicted of failing to report. If you got a retrial you're facing the greater penalites of failing to remain.
Thanks, lawmen Sorry I did not get it? The part of the driveway is not the sidewalk? But this part made from the same sidewalk concrete... Me and my son. I have submitted form to be a guardian (Consent to Act as Litigation Guardian)...
Thanks, lawmen
The accident happened on the road; not the sidewalk.
Sorry I did not get it? The part of the driveway is not the sidewalk? But this part made from the same sidewalk concrete...
As for you lawsuit, is he suing you or your son?[
Me and my son. I have submitted form to be a guardian (Consent to Act as Litigation Guardian)...
Everything you posted changes everything, in my view. You son wasn't riding o the sidewalk, he was riding on the road. When the car turned he steered to the siewalk, but he was riding on the road. When he left the scene, the driver had the right to attempt to arrest him without a warrant. You need to contact your insurance compnay and see if they will provide you a lawyer. You need legal help with this or you're going to lose. Howeve, this driver has insurance and I believe hemay have to get the damages paid through them. I cannot see how he is suing you since it was your son's doing; not yours. Your son does not have insurance for his vehicle. When an accident occrrs and the driver has no insurance the victim can seek funds from a certain Act. I'll have t research it. I wish you would've posted all that stuff before.
Everything you posted changes everything, in my view. You son wasn't riding o the sidewalk, he was riding on the road. When the car turned he steered to the siewalk, but he was riding on the road.
When he left the scene, the driver had the right to attempt to arrest him without a warrant.
You need to contact your insurance compnay and see if they will provide you a lawyer. You need legal help with this or you're going to lose.
Howeve, this driver has insurance and I believe hemay have to get the damages paid through them. I cannot see how he is suing you since it was your son's doing; not yours.
Your son does not have insurance for his vehicle. When an accident occrrs and the driver has no insurance the victim can seek funds from a certain Act. I'll have t research it.
This may or may not appy. I haven't read it yet. Motor Vehicle Accident Claims Act http://www.e-laws.gov.on.ca/html/statut ... 0m41_e.htm Suing an Uninsured or Unidentified Motorist http://www.fsco.gov.on.ca/English/insur ... torist.asp http://www.fsco.gov.on.ca/english/insurance/auto/mvacf/
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