Hypothetical question that I thought Id run by the hive mind. I was out driving the other day when I saw a close call between two cars. Got me thinking about the scenario and whod be at fault, etc. I've attached a diagram. Green car has a green light and is waiting to make a u-turn at an intersection where it's permitted. Orange car had a red light and is waiting to make a right turn at the intersection. Once traffic clears, both cars proceed to make their turns simultaneously. Due to the sharp turning radius, green car is unable to turn into the closest lane and instead goes into the far lane where orange car is turning. Part of me thinks both cars are at fault, since any turning movement requires you to make sure the movement can be made in safety. Thoughts?
Hypothetical question that I thought Id run by the hive mind. I was out driving the other day when I saw a close call between two cars. Got me thinking about the scenario and whod be at fault, etc. I've attached a diagram.
Green car has a green light and is waiting to make a u-turn at an intersection where it's permitted. Orange car had a red light and is waiting to make a right turn at the intersection. Once traffic clears, both cars proceed to make their turns simultaneously. Due to the sharp turning radius, green car is unable to turn into the closest lane and instead goes into the far lane where orange car is turning.
Part of me thinks both cars are at fault, since any turning movement requires you to make sure the movement can be made in safety. Thoughts?
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I would suggest that this is similar to the discussion we had about the left turn into the inside lane of a 2 lane road v the red light turner. I think the car having the green light will always trump the car proceeding through a red.
I would suggest that this is similar to the discussion we had about the left turn into the inside lane of a 2 lane road v the red light turner.
I think the car having the green light will always trump the car proceeding through a red.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Under Ontario fault determination rules, regulation 668 section 19(b) any making a uturn is deemed 100% at fault in a collision. Now to deal with the HTA. Depending on the intersection, there may be a circumstance where the green car has an advanced left turn and the orange vehicle may have a green arrow to the right. I wouldn't be charging the orange car unless they failed to comply with a right on red turn. This is one where the insurance company will take their pound of flesh.
Under Ontario fault determination rules, regulation 668 section 19(b) any making a uturn is deemed 100% at fault in a collision.
Now to deal with the HTA. Depending on the intersection, there may be a circumstance where the green car has an advanced left turn and the orange vehicle may have a green arrow to the right.
I wouldn't be charging the orange car unless they failed to comply with a right on red turn.
This is one where the insurance company will take their pound of flesh.
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Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?