I'd like some advice on a collision I had near the Bathurst/Sheppard intersection. I was making a left turn out of the shopping plaza because traffic had stopped on both of the oncoming lanes (the drivers were nice enough to not block the intersection). As I entered the in-between section I was hit by a car going at a medium speed (I would guess 20-30 km/hr). Damage to my car was minimal but there was a long stripe down the other car. He ended up stopping at least 20 feet past my car. Based on the police and insurance assessment I am 100% at fault. I don't agree because I believe that zooming up the center lane especially one that was marked as turn lane for oncoming traffic is not legal. However, the fault determination rules seem very clear that if a collision occurs when making a left turn you are 100% at fault. I'm wondering if there is any other laws/rules that would come into play in determining fault. I have included an image of the accident (green blobs are stopped cars, my car is red and the other driver is yellow). I took pictures of the cars after the accident so defining where the collision occurred was not the problem. Collision1.jpg Collision2.jpg Thanks.
I'd like some advice on a collision I had near the Bathurst/Sheppard intersection. I was making a left turn out of the shopping plaza because traffic had stopped on both of the oncoming lanes (the drivers were nice enough to not block the intersection). As I entered the in-between section I was hit by a car going at a medium speed (I would guess 20-30 km/hr). Damage to my car was minimal but there was a long stripe down the other car. He ended up stopping at least 20 feet past my car.
Based on the police and insurance assessment I am 100% at fault. I don't agree because I believe that zooming up the center lane especially one that was marked as turn lane for oncoming traffic is not legal. However, the fault determination rules seem very clear that if a collision occurs when making a left turn you are 100% at fault.
I'm wondering if there is any other laws/rules that would come into play in determining fault. I have included an image of the accident (green blobs are stopped cars, my car is red and the other driver is yellow). I took pictures of the cars after the accident so defining where the collision occurred was not the problem.
Collision1.jpg
Collision2.jpg
Thanks.
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Unfortunately there's not much I can tell you except what you already know. This is one of those things where both drivers could get charged, strictly from a Highway Traffic Act perspective: Him for failing to drive in a marked lane, you for failing to yield. The requirement to yield even applies where someone else is using the median as a passing lane (as it seems to have happened here). The Fault Determination Rules operate separately and independently from the Highway Traffic Act, though, and this is a classic example. Were you ticketed? That's something you may be able to get some help with...
Unfortunately there's not much I can tell you except what you already know. This is one of those things where both drivers could get charged, strictly from a Highway Traffic Act perspective: Him for failing to drive in a marked lane, you for failing to yield. The requirement to yield even applies where someone else is using the median as a passing lane (as it seems to have happened here). The Fault Determination Rules operate separately and independently from the Highway Traffic Act, though, and this is a classic example.
Were you ticketed? That's something you may be able to get some help with...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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