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Ontario Highway Traffic Act

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Run in with a Cement Truck
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PostPosted: Mon Jul 17, 2017 1:30 pm 
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I'm a G2 driver involved in a traffic accident. I was driving in the slow lane at 65 km/h (Speed limit 80 km/h) passing a cement truck travelling slower in the fast lane. My car suddenly spun around and the front bumper of the truck was coming into my driver side window. Contact was over the rear wheel of my car with his bumper where is snagged my car (a gash) and my car rolled around his bumper so my car was t-boned. I was charged with "Lane Change not in safety". I wasn't changing lanes but they blamed me for the accident. Both the cement truck (Driver estimates his speed at 20 km/h) and my car came to stop in the slow lane. Rear tires of my car slid around marking the edge of the pavement and shoulder. Rear tire of my car ended just off the edge of the slow lane on the shoulder of the road.

Another Cement truck driver stopped and I think he also gave a statement. I don't have any witnesses. I think the position of the vehicles speaks for itself. Any ideas how can I fight this ticket? Insurance Co. not interested in any pictures, they say I'm at fault because I was charged. Is there a calculator to show my small car couldn't have the force to pull a 60,000 lb truck into my lane?

Any help would be appreciatied.
Thanks


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Re: Run in with a Cement Truck
PostPosted: Mon Jul 17, 2017 2:34 pm 
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I can't give you any specific advice, but indulge me in playing devil's advocate here:

You were passing the cement truck on the right. You inadvertently moved to the left just as your back wheel lined up with the truck's front bumper. And the rest is history....

That's what you're going to be fighting.

Hopefully some others may weigh in with some better advice, but on the surface it seems challenging. Good luck!


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Re: Run in with a Cement Truck
PostPosted: Mon Jul 17, 2017 3:17 pm 
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I realize I'm a G2 driver vs a older driver. If I was moving over on the truck, wouldn't the truck have stayed in the fast lane? I have a large truck on my left I'm just passing by and the truck driver has a small grey car driving thru his blind spots. Who's more likely to be making a mistake?

Don't know how to upload image.


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Re: Run in with a Cement Truck
PostPosted: Mon Jul 17, 2017 3:32 pm 
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Did you take pictures? Usually insurance company does not care who got charged and has its own determination rules. If you can show that the truck veered into your lane and you did not veer into trucks lane, then you have a chance of beating it.

So you need to plead Not Guilty and request a trial with the officer present. Once you get your trial date, then you can request disclosure (officers notes, copy of all witness statements and accident reports).

You will need to see the statements and reports to fully understand everybody's position on what happened.

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I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

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Re: Run in with a Cement Truck
PostPosted: Mon Jul 17, 2017 3:36 pm 
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Photo of skid mark of rear wheels

https://photos.google.com/photo/AF1QipM ... DyeYjMfdk7


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Re: Run in with a Cement Truck
PostPosted: Mon Jul 17, 2017 4:07 pm 
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Position of vehicles

https://photos.google.com/photo/AF1QipP ... HEdbkgE1Yi


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Re: Run in with a Cement Truck
PostPosted: Mon Jul 17, 2017 4:07 pm 
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It's going to be tough. Whoever left their lane, the collision obviously occurred close to the lane line so to be able to prove which vehicle crossed will be tough. If there are two people saying it was you it's going to be hard for you to prove otherwise.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Run in with a Cement Truck
PostPosted: Mon Jul 17, 2017 4:50 pm 
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I am getting 404 not found errors on the links to the pics.

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I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


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Re: Run in with a Cement Truck
PostPosted: Mon Jul 17, 2017 7:20 pm 
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Maybe this link works
https://photos.app.goo.gl/xOrdmXZe57sgun9x2


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Re: Run in with a Cement Truck
PostPosted: Tue Jul 18, 2017 1:45 am 
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Your ticket and your insurance fault are two different things. Your insurance is there to settle a financial dispute and has its own set of standards and practices. Your insurance provider uses the Fault Determination Rules.

No, being charged doesn't mean you're automatically on the hook financially. Although, they are going to be based off the same evidence. So yes, the person who is charged is likely going to be found at fault by the insurance provider. Lets say it was 100% your fault. You could challenge this is court, have a witness not show up, and then win. You would have beaten the charge, but that doesn't mean no one should be financially responsible. You kind of see how these are two separate issues?

Your pictures aren't that great. They focus on one little aspect, but there's a bigger picture that is completely void from your photos. Just because the accident finished in the right most lane doesn't mean it started there. You could have both ended up there because the other driver could have simply pushed to the right after the accident. Maybe he didn't want to be pushed into incoming traffic and made the decision to push to the right. Maybe it was safer to pull the the right to avoid having you spin into incoming traffic. The tire marks from the eventual spin isn't definitive proof. You could have dragged on the side, he instinctively pulled to the right, and you eventually spun in front.

Maybe he did in fact change lanes, but it sounds like there are witness statements that contradict that scenario.

Sounds like you're in quite the hole. You have two separate battles here. You might have better luck defending yourself against the charge than dealing with insurance, especially when witnesses are involved.

Good luck.


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Re: Run in with a Cement Truck
PostPosted: Tue Jul 18, 2017 9:35 am 
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You will need to get the witness statements to get an idea of what the other driver said and what the witness said. Only then can you really decide how to proceed.

Also, you should get a dashcam!

_________________
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


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Re: Run in with a Cement Truck
PostPosted: Tue Jul 18, 2017 9:57 am 
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bend, the insurance adjuster didn't even want to see pictures. They already determined fault based on the charge. Said if I can change that he will consider fault. How quickly can a loaded cement truck react and stop from 20 km/hr?

Not sure about another witness. Another Cement truck driver stopped and I saw him speaking with Police. Have to get copy of police report.

Yes I'm getting a dash cam.


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Re: Run in with a Cement Truck
PostPosted: Tue Jul 18, 2017 10:09 pm 
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I'm not even going to speculate on this one, as it's way outside my sphere of experience. But I did want to say, having seen the photo of how the truck and your car became intertwined, I'm glad you're okay.


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Re: Run in with a Cement Truck
PostPosted: Wed Jul 19, 2017 7:49 am 
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And as a side note, you should probably take it to trial because there is a chance the witnesses won't show up, and if no witnesses show up then they can not convict you. The police officer by themselves did not witness the event, so there must be at least one of the witnesses there at the trial.

_________________
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


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Re: Run in with a Cement Truck
PostPosted: Mon Jul 24, 2017 9:42 am 
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BTW thanks for all your help.

Requested a trial. Working on my disclosure request. Do I have to wait until a trial date is set to request disclosure?
Would they have the truck driver's logs?


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