Question about collision - who is at fault

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interrupted
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Question about collision - who is at fault

by: interrupted on
Tue Nov 15, 2011 2:45 pm

I was involved in a car accident yesterday. I was on a small street and as I entered into the left lane to make a turn onto a larger street, a van turned his vehicle so that it protruded into my lane. He was supposed to go straight but wanted to turn left suddenly. The left turn lane is extremely short and I had plenty of time to make the turn since it was a green light and there were 10 seconds left on the pedestrian cross signal. I couldn't stop in time (I had less than 1 feet to stop) and I sideswiped his vehicle.

The man claimed that I was driving at 60 KM/H although it was raining and I know that my brakes were applied the second I got into the left lane because I was approaching the intersection to turn. I didn't retaliate because I didn't know what speed I was driving but to say that I was driving that quickly is rather embellished. He obviously didn't see me coming.

We ended up resolving the issue and agreed to take responsibility for our own damages as we were both wrong.

Does anyone know if in fact this was a no-fault accident (as in we both share the fault) or whether the fault lies with him or me.

Thanks.


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by: Radar Identified on
Tue Nov 15, 2011 5:37 pm

I'm still not clear on what happened. Did you rear-end him? Or was he coming at you head-on and turned into (ie across) your lane?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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interrupted
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by: interrupted on
Tue Nov 15, 2011 8:14 pm

Sorry about the confusion. The van was in the right lane, which is either for right turns or going straight. He decided to change lanes suddenly to make a left turn and turned his vehicle in an attempt to get into the left turn lane (where it was white solid line). I was heading down the left turn lane, preparing to turn when the front of his vehicle ended up in my lane. I couldn't stop in time and my car hit the left front side of his vehicle. It caused a dent to my car.


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by: Stanton on
Tue Nov 15, 2011 9:14 pm

Based on your explanation, I believe the other driver could be found at fault under the Highway Traffic Act and charged with change lane not in safety. He would also be 100% at fault under insurance fault determination rules, assuming it can be show the collision took place in your lane of travel.


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by: Radar Identified on
Tue Nov 15, 2011 9:32 pm

Agreed. The other motorist was 100% at fault according to the Fault Determination Rules and, if police had investigated, likely would have been charged with Lane Change - Not In Safety, or if the officer really wanted to ramp it up, Careless Driving.
* 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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