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Ontario Highway Traffic Act

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Hitting a tree on our boulevard
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PostPosted: Fri Jan 07, 2011 4:18 pm 
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So at about 0120 today a vehicle mounted our boulevard and hit a tree. Weather was a factor as there was a fresh The tree was not knocked down, but does have minor impact damage. The vehicle s kipped off the tree and ended back on the road where it proceeded into its driveway two houses down the street. The teen male driver parked the vehicle, poured fresh snow on the drivers side front quarter panel and the broken headlight. He then proceeded to inspect the tree that was hit and ran back to his house.

My question is what is his responsibility to the damage to the tree? It is city owned property but we do have a responsibility to its upkeep. It was an accident by an inexperienced driver and we understand that and we don't want to pursue this any further than relieving our liability.

In our opinion, a simple apology and ownership of the event from the driver would be sufficient. As of writing this no contact has been forthcoming from the driver or his parents. We are neighbours and don't want ill will, but feel we are owed acknowledgement of the event.

What would you do?


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Re: Hitting a tree on our boulevard
PostPosted: Fri Jan 07, 2011 5:52 pm 
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Posts: 1065
I can tell you that both he and the owner are obligated under s. 201 of the HTA to report that collision to the police, given the damage to "highway property", of which I believe a tree qualifies. Failure to do so can be result in either him or the owner of the vehicle being charged.

I don't have an opinion on what you should do.

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http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Re: Hitting a tree on our boulevard
PostPosted: Sat Jan 08, 2011 5:04 am 
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Thanks Simon. I appreciate the quick reply.


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Re: Hitting a tree on our boulevard
PostPosted: Sat Jan 08, 2011 7:31 am 
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Posts: 2933
Location: In YOUR rearview mirror!
Unless the wind blew the vehicle into the tree (didn't hear of a tornado)...weather is not a factor.

Speed too fast for road conditions is the issue

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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