Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 8 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Whose fault?????
Author Message
PostPosted: Mon Mar 28, 2011 10:47 pm 
Offline
Newbie

Joined: Mon Mar 28, 2011 10:13 pm
Posts: 1
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.


Top
 Profile  
 
Re: Whose fault?????
PostPosted: Tue Mar 29, 2011 12:56 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
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.


Top
 Profile  
 
Re: Whose fault?????
PostPosted: Tue Mar 29, 2011 2:57 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
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.

_________________
         Image


Top
 Profile  
 
Re: Whose fault?????
PostPosted: Tue Mar 29, 2011 8:26 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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


Top
 Profile  
 
Re: Whose fault?????
PostPosted: Tue Mar 29, 2011 9:13 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
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.

_________________
         Image


Top
 Profile  
 
Re: Whose fault?????
PostPosted: Wed Mar 30, 2011 7:54 am 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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


Top
 Profile  
 
Re: Whose fault?????
PostPosted: Wed Mar 30, 2011 9:03 am 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
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:
Quote:
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).

_________________
         Image


Top
 Profile  
 
Re: Whose fault?????
PostPosted: Wed Mar 30, 2011 9:43 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
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:
Quote:
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.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 8 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Am I truly at fault?

gilroy222

5

591

Wed Jul 29, 2015 3:29 pm

bend View the latest post

There are no new unread posts for this topic. Am I really at fault? Please help...

mindy

3

546

Wed Sep 16, 2015 1:52 am

bend View the latest post

There are no new unread posts for this topic. Who is at fault, and is there anything I can do

BrunetteMan

6

1207

Sun Oct 04, 2015 9:19 pm

BrunetteMan View the latest post

There are no new unread posts for this topic. Who is at fault

romsan

5

633

Fri Oct 09, 2015 6:59 am

ynotp View the latest post

There are no new unread posts for this topic. Would I have been at fault?

cookies_cat

1

369

Fri Oct 09, 2015 5:29 pm

ynotp View the latest post

There are no new unread posts for this topic. Was I at fault? please help!

Terry_Xu

5

566

Tue Jun 14, 2016 5:30 pm

Terry_Xu View the latest post

There are no new unread posts for this topic. Whos fault is it?

needtokn0w

12

802

Fri Mar 23, 2012 11:04 pm

needtokn0w View the latest post

There are no new unread posts for this topic. Got into accident, whose fault is it?

Emily

2

618

Thu Jan 16, 2014 7:57 pm

hatetickets View the latest post

There are no new unread posts for this topic. Considered at fault?

fboucher

3

1911

Sat May 17, 2014 11:20 pm

JohnDeere View the latest post

There are no new unread posts for this topic. Question about collision - who is at fault

interrupted

4

664

Tue Nov 15, 2011 10:32 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Attachment(s) Am I at Fault here? - School Bus

souza477

8

1426

Wed Jun 10, 2015 2:36 pm

bend View the latest post

There are no new unread posts for this topic. I did not yield to a bus. Who would be at fault?

aaronabc

1

413

Tue Feb 07, 2017 11:18 pm

Whenaxis View the latest post

 


Who is online

Users browsing this forum: Yahoo [Bot] and 3 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.