s. 136(1)(b) HTA - visual obstruction
(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed.
I was at a Stop Sign wanting to proceed straight, I looked both ways but there was very tall grass to my left (approx. 8-10 feet) so I could not see down the road. As I began to creep up to look, I got T-Boned in my front left quarter panel. The painted white line to stop was a good 4-6 feet before the tall grasses ended so it would be impossible to stop at the white line and proceed through without having to nudge up in order to properly see down the left side.
The house on the corner of the intersection said that accidents happen often at the Stop Sign. The person who got hit also told his insurance adjuster that he believes I could not see because of the tall grass.
Do I have a defence here?
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I find it concerning that one would be expected to turn around because there is a visual obstruction blocking a proper view of the street. IMO, it's the cities fault for not having a 4-way stop if there is a visual obstruction. That's the exact reason on some streets you cannot take a right hand turn on a Red, because it is too hard to see...
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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