I backed onto the street from a private driveway and was fully in the lane on the opposite side of the street from the driveway. The vehicle was out of reverse and in drive but not moving. Was hit from the rear, by a car that came around the corner that had a 4 way stop. Officer stated that person had stopped a car length behind the corner and a hill obstructed the view and that is why I could not see the person when I lane checked.
I have submitted a plea of not guilty and just received my Early Resolution Notice. I have witnesses that are willing to make a sworn statement, that I was not backing up and fully in the lane. They think that she did not stop at the corner but this may be due to how far she supposedly stopped back from the corner as it is obstructed by a hill.
139 (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard. R.S.O. 1990, c. H.8, s. 139 (1).
Whether or not you fully entered the lane and were able to get out of reverse doesn't make you a non hazard. You entered an active lane impeding active traffic when you backed up and stopped in their path.
Not an expert, but it strikes me that if you couldn't see the vehicle because it was around a corner, it was not "so close as to constitute an immediate hazard". But I invite the experts to shoot me down!
The onus is on the driver who is required to yield. Drivers who have the right of way should not have to alter their driving to accommodate those who do not.
While I don't disagree with that, it kind of makes it impossible for somebody whose driveway is very near an intersection to actually comply, no?
I just noticed this morning in my neighourhood a driveway about 10 metres away from an intersection. If the little old lady who lives there has a clear roadway, and backs out, but simultaneously somebody comes whipping around the corner...
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