I got involved in a left turn accident and I was making the turn. It happened at 1548 warden avenue. I was at the centre of the road waiting to make my turn and after a while the first lane of incoming traffic stopped and yield me space to make my turn. I went forward check the second lane there was no car approaching and made the turn. As I was making the turn my card got hit at the passenger back-side. I suspect that the car got impatient in the lane that gave me space and switch lanes and hit my car. After a while, the cops showed up looked a round didn't ask me what happened but blamed the accident on me. The cops gave me a Left turn not in safety ticket? So, my question is should I take this to trail and do you think I have any chance of winning this?
Thank you for your help.
You can take anything to trial. If you're asking whether or not you're at fault, you are. What you've described is not a defense.
This is a common situation for accidents.
Since you're turning, the onus is on you to do so safely. It's not up to the "impatient" driver with the right of way to adjust their driving to accommodate a turning vehicle.
If you want to start with an early resolution meeting and go from there, it wouldn't be a bad idea. They will either be able to offer you some kind of reduction or they may not. If you're not happy with the offer and you want to continue to a trial, they will book you a date.
I forgot to mention that it was on a hill. I feel like I took all the reasonable action a driver could make when they make turn? I'm not sure if that counts for anything? I also, read on here that if I go to trail and the witness doesn't show up the tickets get thrown out?
thank you for your reply.
Also, I found:
Justice Cameron of the Ontario Superior Court of Justice stated:
There is no rule of law that requires a driver turning left who has complied fully with s. 141 (5) of the HTA to yield the right of way to an oncoming car which could not be seen at the start of the left turn. Such a proposition would be unrealistic and unfair. In such a situation both drivers have a duty to use reasonable care in the circumstances and to drive sufficiently slowly to come to a safe stop within their range of view.
[Nowakowski v. Mroczkowski Estate 2003 CanLII 14114 (ONSC) at para. 82.]
wouldn't that clear me off the ticket as well? Or am I still in the wrong?
That is not a Highway Traffic Act case. It's a negligence case between two families and the insurance company involving multiple factors. Along with an obstructed view, the occupants were drunk and the car was travelling 100km in a 50km zone.
... Even with his knowledge of the intersection he had no reason or obligation to anticipate that a car was coming towards him at over 100 km per hour in a 50 km per hour zone driven by a driver whose reaction time was impaired by alcohol. I see no failure to comply with a standard of care assessed against s. 141 (5) of the HTA.
You will still be at fault for the accident no matter what happens to the ticket and therefore your rates will go up unless the insurance forgives one accident.
There's nothing wrong with requesting a trial. The Crown still has to prove its case. You can request disclosure to see the evidence the police officer plans to present. This is a difficult charge to beat; a driver can only turn left legally when it is safe to do so.
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