Whose fault?????

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wilsonhyq
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Whose fault?????

by: wilsonhyq on
Mon Mar 28, 2011 10:47 pm

Hello,

I got an accident this morning but i am not sure who should be responsible for it or it should be 50/50?

I was driving on one roadway and crossing another roadway (a major roadway with single lane on each direction). At the intersection, there is a STOP sign and i stopped and waiting there to cross the major roadway. When I was there, at my left side, a car stopped and wanted to turn left, at my rigth side, another schoolbus stopped as well and waited to turn left as well. At this time, both drivers let me cross the street, so I started my car. When I just passed the schoolbus, another car suddently rushed out from the right side of the schoolbus even though there is just one lane because there is a space for a bus stop just at the right side of the schoolbus. So I hit that car unfortunatelly. I fully aware that there is a Stop sign at my road, but since those two left-turn drivers already let me pass first, do I still take the responsiblity of this accident? Or the other drive should be responsible because that major road is a single lane street and he should not bypass the schoolbus and drive into the bus stop?

Please give me an advice on my case.

Thanks.


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by: Stanton on
Tue Mar 29, 2011 12:56 am

I believe you would be completely at fault under both the Highway Traffic act and Insurance fault determination rules. Since you were at a stop sign, you have to yield right of way to traffic on the through highway. Although you believed the two vehicles waiting to turn left were giving you right of way, you're still responsible for making sure that it's safe and legal to proceed. As for the vehicle that passed the school bus on the right, that is legal since the bus was signalling to turn left.


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Squishy
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by: Squishy on
Tue Mar 29, 2011 2:57 pm

Stanton wrote:As for the vehicle that passed the school bus on the right, that is legal since the bus was signalling to turn left.
Can you use lanes designated for specific traffic (bus only, right turn only, bicycle only, etc) in order to pass? Section 150 doesn't really specify how you pass the vehicle in terms of marked lanes.
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by: hwybear on
Tue Mar 29, 2011 8:26 pm

Squishy wrote:
Stanton wrote:As for the vehicle that passed the school bus on the right, that is legal since the bus was signalling to turn left.
Can you use lanes designated for specific traffic (bus only, right turn only, bicycle only, etc) in order to pass? Section 150 doesn't really specify how you pass the vehicle in terms of marked lanes.
still a disobey sign offence where the lane is designated for an actual turn.....however OP stated it is single lane both directions, but appears road is wide enough in this area, when someone is turning left to actually pass on the right, which is still legal provided the vehicle does not leave the roadway (paved surface onto gravel)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Squishy
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by: Squishy on
Tue Mar 29, 2011 9:13 pm

I'm asking because, aside from personal curiosity, the OP mentioned that the extra space was for a bus stop. Some of those, especially in Mississauga and some other areas, are painted with a solid white line with the words "BUS ONLY". I'm guessing this is backed up in the city bylaws.

Even if this was the case, I don't think it makes a difference as to HTA fault of the OP, but I wonder if this has any bearing on insurance fault determination.
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hwybear
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by: hwybear on
Wed Mar 30, 2011 7:54 am

Squishy wrote:I'm asking because, aside from personal curiosity, the OP mentioned that the extra space was for a bus stop. Some of those, especially in Mississauga and some other areas, are painted with a solid white line with the words "BUS ONLY". I'm guessing this is backed up in the city bylaws..
Oh ok....forgot about the "cente of the universe" stuff ;)
would that "bus only" be to prevent people from parking in those areas?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: Squishy on
Wed Mar 30, 2011 9:03 am

I think it's more to prevent people from using it as a turn lane and holding the bus up. These are almost always for those bus stops that lead into an intersection. I've never seen anyone parked in one of those, but I had seen buses honking away at turning cars before the "BUS ONLY" lines were painted because the cars had to wait for traffic and pedestrians to clear, and the buses were not able to fully pull into the stop. Seemed ridiculous at the time as it was part of the roadway, but now it's actually marked off for buses. If the bus lanes are part of city bylaw, I wonder if section 14(2) of the Fault Determination Rules applies to a marked bus lane:
If the incident occurs when the driver of automobile “B” fails to obey a stop sign, yield sign or a similar sign or flares or other signals on the ground, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident. R.R.O. 1990, Reg. 668, s. 14 (2).
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by: Stanton on
Wed Mar 30, 2011 9:43 am

Squishy wrote:I think it's more to prevent people from using it as a turn lane and holding the bus up. These are almost always for those bus stops that lead into an intersection. I've never seen anyone parked in one of those, but I had seen buses honking away at turning cars before the "BUS ONLY" lines were painted because the cars had to wait for traffic and pedestrians to clear, and the buses were not able to fully pull into the stop. Seemed ridiculous at the time as it was part of the roadway, but now it's actually marked off for buses. If the bus lanes are part of city bylaw, I wonder if section 14(2) of the Fault Determination Rules applies to a marked bus lane:
If the incident occurs when the driver of automobile “B” fails to obey a stop sign, yield sign or a similar sign or flares or other signals on the ground, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident. R.R.O. 1990, Reg. 668, s. 14 (2).
No, the OP would still be at fault. That section refers to stop signs, yield signs and people who drive around two cruisers and 30 lit road flares and still act surprised when they plough into another accident.


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