Who's at fault (if anyone)?? The road runs east to west. Cars are parked on the south side. There is room for two lanes of traffic plus the parked cars. I was driving west (north side) the other car was driving east (south side with parked cars). Instead of jumping the curb, I slowed down to 20kph in the hopes that the other vehicle would figure out there was plenty of room for both vehicles to pass (as there is even on garbage truck day), she didn't figure it out and the mirrors clipped cracking both. Other vehicle insists it's my fault because I didn't slow down / stop and wants to put the damage through on my insurance. Is there any documentation in the OHTA that specifies this type of incident? Thanks,
Who's at fault (if anyone)??
The road runs east to west. Cars are parked on the south side. There is room for two lanes of traffic plus the parked cars. I was driving west (north side) the other car was driving east (south side with parked cars). Instead of jumping the curb, I slowed down to 20kph in the hopes that the other vehicle would figure out there was plenty of room for both vehicles to pass (as there is even on garbage truck day), she didn't figure it out and the mirrors clipped cracking both. Other vehicle insists it's my fault because I didn't slow down / stop and wants to put the damage through on my insurance.
Is there any documentation in the OHTA that specifies this type of incident?
That's a good question. I'd imagine this falls under overtaking and passing. With no visible markings, you're allowed one-half of the roadway. Had the person been overtaking a section of parked cars and jumped into your half, they would clearly be at fault. The question is when there's a large stretch of parked cars on one side where two vehicles are bound to meet, is the vehicle on the parked car side 100% liable at all times? Hopefully someone with more knowledge could chime in. I'd like to know the answer myself.
That's a good question. I'd imagine this falls under overtaking and passing. With no visible markings, you're allowed one-half of the roadway. Had the person been overtaking a section of parked cars and jumped into your half, they would clearly be at fault.
The question is when there's a large stretch of parked cars on one side where two vehicles are bound to meet, is the vehicle on the parked car side 100% liable at all times? Hopefully someone with more knowledge could chime in. I'd like to know the answer myself.
This is something I deal with constantly living on a street running north/south and street parking alternating on east/west sides of the street depending on which half of the month we're in. The way we all operate is that overtaking and passing rules apply, but from what I understand as well, the driver on the side of the parked cars must yield to the driver on the side without the parked cars if there is an opening between parked vehicles, and vice versa if the driver on the side of the parked vehicles is in the midst of a stretch of street offering no openings. The objective is to allow both vehicles to pass, with courtesy, and no collision. The courtesy novelty passed us by in the 70s, it seems. It also concerns where in the roadway you are. Because my street is residential and not quite but almost big enough to have two full lanes WITH the cars parked on the side (two small compact cars would fit effortlessly), a lot of people, especially the ignorant drivers, drive in the middle of the street and attempt to bully other drivers to stop. Of course, we stop because we want to ultimately avoid a collision. However, in the event that we cannot go anywhere and we're hit, the driver in the middle of the street is at fault as they're taking up more than their side of the road. My neighbours and I have had endless problems with people because of this. I'm very interested in reading other responses to this as this is a daily grind for us and, because our street acts as a sort of throughfare between two major city streets, we get morons hogging the centre of the road doing 70 in a 40 zone.
This is something I deal with constantly living on a street running north/south and street parking alternating on east/west sides of the street depending on which half of the month we're in. The way we all operate is that overtaking and passing rules apply, but from what I understand as well, the driver on the side of the parked cars must yield to the driver on the side without the parked cars if there is an opening between parked vehicles, and vice versa if the driver on the side of the parked vehicles is in the midst of a stretch of street offering no openings. The objective is to allow both vehicles to pass, with courtesy, and no collision. The courtesy novelty passed us by in the 70s, it seems. It also concerns where in the roadway you are. Because my street is residential and not quite but almost big enough to have two full lanes WITH the cars parked on the side (two small compact cars would fit effortlessly), a lot of people, especially the ignorant drivers, drive in the middle of the street and attempt to bully other drivers to stop. Of course, we stop because we want to ultimately avoid a collision. However, in the event that we cannot go anywhere and we're hit, the driver in the middle of the street is at fault as they're taking up more than their side of the road.
My neighbours and I have had endless problems with people because of this. I'm very interested in reading other responses to this as this is a daily grind for us and, because our street acts as a sort of throughfare between two major city streets, we get morons hogging the centre of the road doing 70 in a 40 zone.
If there's no painted lines on the road, I would say it falls under 148 (1) "Every person in charge of a vehicle on a highway meeting another vehicle shall turn out to the right from the centre of the roadway, allowing the other vehicle one-half of the roadway free." I would have laid the ticket for that (or careless) to the person who wasn't properly in their lane, which it sounds like was her, because of the parked cars. I don't accept that the parked cars are an excuse for her to cross into her lane to go, because she is not compelled to keep going. If she can't go forward and stay in her lane, then the onus is on her to wait until the way is clear form oncoming traffic before proceeding.
If there's no painted lines on the road, I would say it falls under 148 (1) "Every person in charge of a vehicle on a highway meeting another vehicle shall turn out to the right from the centre of the roadway, allowing the other vehicle one-half of the roadway free."
I would have laid the ticket for that (or careless) to the person who wasn't properly in their lane, which it sounds like was her, because of the parked cars. I don't accept that the parked cars are an excuse for her to cross into her lane to go, because she is not compelled to keep going. If she can't go forward and stay in her lane, then the onus is on her to wait until the way is clear form oncoming traffic before proceeding.
Thank you all for your replies on this one. No tickets were laid, nor were the police called (I'm sure they have more important things to attend to anyway), but she insists on putting the damaged mirror through my insurance. With no center line, no break in the line of parked cars but obvious encroachment into 'my' lane I don't suppose the impetus for me to jump the curb onto the sidewalk was necessary, though in hindsight it would have avoided the collision, yet potentially puncturing the tire which was already rubbing up against the concrete edging.. As the saying goes, sh*t happens, I accept the damage to my vehicle and will have mine repaired, should the incident be considered 'no fault'?
Thank you all for your replies on this one. No tickets were laid, nor were the police called (I'm sure they have more important things to attend to anyway), but she insists on putting the damaged mirror through my insurance. With no center line, no break in the line of parked cars but obvious encroachment into 'my' lane I don't suppose the impetus for me to jump the curb onto the sidewalk was necessary, though in hindsight it would have avoided the collision, yet potentially puncturing the tire which was already rubbing up against the concrete edging..
As the saying goes, sh*t happens, I accept the damage to my vehicle and will have mine repaired, should the incident be considered 'no fault'?
There isn't a way to prove it now, and in Ontario we have a no fault system by default. Her insurance will pay her damage, yours will pay for yours. That's the way it is, even if fault was determined by an officer at the scene. She, ultimately, wants someone other than *her* to pay for her damages. So, she can go through her insurance and the insurance companies can duke it out (I do not recommend this unless damage is substantial), or take you to court. You can offer a settlement in writing, ensuring that your letter is without prejudice if you wish to negotiate, but really, the only fair solution is for each to pay for their own damages. That would be my only offer. If she continues to be difficult, tell her that you will not pay for her damages and you suggest that the matter be taken to small claims court. If she begins to correspond in writing, respond with a dispute letter. In our dispute letters (when mediation has failed) we say something like this "this letter shall hereby serve as formal dispute your claim and suggest the matter be referred to the courts." We also double up our dispute letter with a sort of cease and desist, demanding that the receiver cease and desist from all contact save and except for written correspondence through Canada Post, and only then to advise of impending court action or vacating the claim. Court is the only way to determine who will pay, as she can't make you. If you can, avoid insurance. If the amount is relatively minor, keep it out of insurance hands. You will suffer for 6 years or more if insurance decides to increase your premiums. For a relatively small repair bill, it is not worth it.
There isn't a way to prove it now, and in Ontario we have a no fault system by default. Her insurance will pay her damage, yours will pay for yours. That's the way it is, even if fault was determined by an officer at the scene. She, ultimately, wants someone other than *her* to pay for her damages. So, she can go through her insurance and the insurance companies can duke it out (I do not recommend this unless damage is substantial), or take you to court. You can offer a settlement in writing, ensuring that your letter is without prejudice if you wish to negotiate, but really, the only fair solution is for each to pay for their own damages. That would be my only offer.
If she continues to be difficult, tell her that you will not pay for her damages and you suggest that the matter be taken to small claims court. If she begins to correspond in writing, respond with a dispute letter. In our dispute letters (when mediation has failed) we say something like this "this letter shall hereby serve as formal dispute your claim and suggest the matter be referred to the courts." We also double up our dispute letter with a sort of cease and desist, demanding that the receiver cease and desist from all contact save and except for written correspondence through Canada Post, and only then to advise of impending court action or vacating the claim. Court is the only way to determine who will pay, as she can't make you. If you can, avoid insurance. If the amount is relatively minor, keep it out of insurance hands. You will suffer for 6 years or more if insurance decides to increase your premiums. For a relatively small repair bill, it is not worth it.
that ended up costing us a new tire and rim...but no scratch....and the other goof just kept on driving.
pang wrote:
I don't suppose the impetus for me to jump the curb onto the sidewalk was necessary, though in hindsight it would have avoided the collision, yet potentially puncturing the tire which was already rubbing up against the concrete edging
that ended up costing us a new tire and rim...but no scratch....and the other goof just kept on driving.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.