Here's the deal. Ford Escape pulled over in S bound lane with side smashed in. I'm assessing whether anyone is hurt or needs help and also can't figure out why it is in such condition when no other smashed up cars are near it. Although baffled I decide to carry on in the N bound lane and as I begin to accelerate (20kph is my guess at the time) I see a white Toyota just in front of me and I brake hard but still hit it. It in turn gets pushed into the pickup infront of it. Turns out there is a dead deer in our lane and that is why they are stopped and hence the damaged vehicle in the opposite lane. Now, the burden of proof. The disclosure has no mention of any witness seeing me until I hit. What's my best defence here? Do they have to actually mention a distance of some sort or witness the fact that I was behind them at all before they were struck? None of the witnesses in the other vehicles saw me before they were struck. The word "follow" indicates to me some sort of driving motion of which there are no witnesses until after the fact. Any advice on how to defend this would be greatly and graciously appreciated. I'd just like to keep my clean record clean. Thanks in advance. ******************************************* duplicate POST.....this thread locked by MOD HB stay on one post http://www.ontariohighwaytrafficact.com/topic2080.html
Here's the deal. Ford Escape pulled over in S bound lane with side smashed in. I'm assessing whether anyone is hurt or needs help and also can't figure out why it is in such condition when no other smashed up cars are near it. Although baffled I decide to carry on in the N bound lane and as I begin to accelerate (20kph is my guess at the time) I see a white Toyota just in front of me and I brake hard but still hit it. It in turn gets pushed into the pickup infront of it. Turns out there is a dead deer in our lane and that is why they are stopped and hence the damaged vehicle in the opposite lane.
Now, the burden of proof. The disclosure has no mention of any witness seeing me until I hit. What's my best defence here? Do they have to actually mention a distance of some sort or witness the fact that I was behind them at all before they were struck? None of the witnesses in the other vehicles saw me before they were struck. The word "follow" indicates to me some sort of driving motion of which there are no witnesses until after the fact. Any advice on how to defend this would be greatly and graciously appreciated. I'd just like to keep my clean record clean. Thanks in advance.
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