Lane change not in safety

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am i at Fault?

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screaminglion
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Lane change not in safety

Unread post by screaminglion on

ok so my lane was coming to an end because of construction. so i was all the way at the sign that tells you to merge into the right lane, finally someone let me in, i checked and double checked to see if he was actually letting me in, and he was. so i moved up and while i was lane changing he wanted to get into the lane i was just in. which has ended. now im fully in the right lane and hes trying to lane change to the ended lane which i was just in.... but while checking his blind spot to see if anyone is pulling up he rolls and rear ends me. hitting me just off center of my vehicle since he was trying to lane change. now i have a 2006 hummer H3 and he has a 2001 toyota camy.. so his front hood is pretty beat up but here isnt any damage on my vehicle. now he goes to the reporting center and i do the same but because i wasnt expecting a hit from this guy, i got a bit of whiplash and they told me to call the police station. now he investigates this.

AND i get a ticket for Lane change not in safety.. so i am fighting the ticket. but honestly what are my odds of getting this dropped. there is no way im at fault here


iFly55
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Unread post by iFly55 on

It's important that he started changing lanes when you were established and driving in the right lane. In this case, he's 100% at fault. However, if you were both changing lanes at the same time and both were off centre then it's 50/50.

Fault Determination Rules: http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm

In your version of events, the collision occurred when you were not changing lanes. So that ticket would not apply. I have a feeling the Camry driver said a different story to the police, which is why you're being charged.

I would start by requesting for the police's accident report to see the officer's notes. Depending on what's in the notes, this may be a trial situation where it's your story vs. camry driver.


screaminglion
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Unread post by screaminglion on

see, he let me in, i changed lanes and after i changed lanes and was established then he tried to change lanes, and hit me. when we were talking he said he was checking his blind spot while he hit me, which i told the officer when he got my statement. and still comes and gives me the ticket. even witnesses said he let me in and that i was fulling centered in the lane


argyll
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Unread post by argyll on

Do you have those witnesses details for trial ? Regardless I suspect you could cast a reasonable doubt on this.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Radar Identified
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Unread post by Radar Identified on

Agreed.

Even if it is your word vs. that of the Camry driver, if your testimony is believable (which, based on what I'm reading, it is believable), they should believe you and give you the benefit of the doubt. The system is "innocent until proven guilty." If you were already in the lane and he crunched into you, well, he should've been charged. Main thing is, fight the ticket, and get disclosure so you can see the evidence against you.

If you're concerned about taking all of this on, you can always get a paralegal.




* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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