I was involved in a left turn accident in Guelph. I was charged for Turn Not in Safety as per HTA 142(1). The other driver was not charged. This accident happened in the main intersection in Costco. I was attempting to turn left into Costco. I went into the intersection while the light was green from the left hand turn lane, waiting for incoming traffic to clear before turning left. The light turns to red while there's incoming traffic running a late yellow. I turn left when it is a red light and a light truck runs the red light from the other side and hits my passenger side door where my wife was.
The other driver is extremely angry, swearing a lot, being super confident and says she was going green and that she was going straight. She moves her car from the scene and I park behind her afterwards. Police arrive and the officer believes her side of the story and did not listen or make a record when I said which lane she was in. Because of how confident she was that it was green and angrily assigning blame to me (among some other reasons), it really threw me off even though I was initially sure it was red.
It wasn't until I got home and looked on Google maps when I was reminded that the lane she was in was a right turn only lane. That lane ends immediately after the intersection and goes into a curb. Yet, she was going straight. So not only did she run a red, but she was also in the wrong lane going straight when she should not have.
I attached the disclosure with personal info blacked out. I did not attach written statements but can if anyone is interested. Basically, she claims it was a green light and I claim it was a red light. Unfortunately, there were no witnesses that stayed.
I also attached a diagram of the intersection with my account including pictures of videos I took afterwards to show better views of the intersection. I am trying to show that based on my car damage and how drivers normally left turn into Costco, that she hit my car from the right turn lane going straight rather than what was shown on the disclosure. I'm not sure if these will be useful in court because when I called and talked to my police officer on the same day of the accident, he did not believe my side of the story.
I have never been in an accident nor have I been charged before. I am looking for any advice on my defense if anyone has experience with similar situations? Thanks a lot.
I hate the be the bearer of bad news, but generally speaking while turning left you are 100% responsible for ensuring that the turn can be made in safety regardless of the circumstances, e.g. the colour of the light.
Better minds than mine may comment on the specific case of the other driver proceeding straight from a right-turn-only lane, but at the end of the day it may not matter. Even in the best case it will come down to a he-said / she-said unless there are witnesses.
Yes, it could be that the best that you get is a charge for the other driver as well. You still turned across a lane where there was a vehicle moving.
It's a tough one for sure and I have no doubt I would feel as aggrieved as you are.
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