What Do You Think About This Accident?

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by: jsherk on
Tue Mar 07, 2017 8:48 am

My opinion is that the van 100% at fault. Both vehicles had the right of way into their own lanes.

The vehicle with camera made a left turn on a green light into the left lane correctly, but the van turned right and did not stay in the right lane, but crossed over.

Had there only been one lane that they were both turning into then it could be argued that it was the vehicle with cameras fault, but with the two lanes I believe it is all the vans fault.

+++ This is not legal advice, only my opinion +++
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by: argyll on
Tue Mar 07, 2017 8:59 am

I concur with jsherk

Right turn at intersection

(2) Where a driver or operator of a vehicle intends to turn to the right into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the right-hand lane or, where it has no such marked lanes, by keeping immediately to the left of the right curb or edge of the roadway and he or she shall make the right turn by entering the right-hand lane of the intersecting highway where the lane is marked or, where no such lane is marked, by keeping immediately to the left of the right curb or edge of the roadway being entered. R.S.O. 1990, c. H.8, s. 141 (2).

Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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by: bend on
Wed Mar 08, 2017 12:46 pm

I don't know if the answer is so clear cut.

Common sense would dictate both drivers have their own lane and if both followed the rules of turning (keeping to the left most or right most lane depending on turn), then there would be no accident. Obviously, the driver making the right didn't get the memo.

However, the HTA puts so much responsibility on any driver making a turn against traffic that the onus is on the driver turning to do so only when it is safe. Sometimes this means compensating for some forms of stupidity. Can it be considered the turn was already completed when the accident occurred? Who knows.

Let us know what happens.

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