In the picture, I am the blue vehicle. I was going to make a left hand turn. I was originally in the lane going straight, but then I saw the advanced green turn signal to turn left, so I sped up and merged into the lane turning left. (The left turning lane was completly when I decided to do this) The red car was in the lane going straight but then decided to turn into the left turning lane from the edge of the intersection that she could make a left hand turn (changed her mind from going straight to turning left). She had her turn signal on and checked the lane to make sure it was clear, but since I still wasn't in the left lane when she did this, she didn't see me. I came into the left turning lane pretty quickly as I saw her car pull out in front of me. I slammed on the brakes and came skidding towards her causing some light damage. Who would be at fault in this situation? Is there any law that says that she can't make a lane change that close to the intersection. Are there any other violations that she made doing this? She says it's all my fault because I was going to fast. We didnt' report it yet because the damage is minor. (purple cars are other cars on the road)
In the picture, I am the blue vehicle. I was going to make a left hand turn. I was originally in the lane going straight, but then I saw the advanced green turn signal to turn left, so I sped up and merged into the lane turning left. (The left turning lane was completly when I decided to do this) The red car was in the lane going straight but then decided to turn into the left turning lane from the edge of the intersection that she could make a left hand turn (changed her mind from going straight to turning left). She had her turn signal on and checked the lane to make sure it was clear, but since I still wasn't in the left lane when she did this, she didn't see me. I came into the left turning lane pretty quickly as I saw her car pull out in front of me. I slammed on the brakes and came skidding towards her causing some light damage. Who would be at fault in this situation? Is there any law that says that she can't make a lane change that close to the intersection. Are there any other violations that she made doing this? She says it's all my fault because I was going to fast. We didnt' report it yet because the damage is minor.
(purple cars are other cars on the road)
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Laying a charge in an MVC and being "at fault" are often two different things. Regulation 668 of the Insurance Act sets out At Fault Rules for Insurance companies. In this case, i believe the other driver would be 100% at fault. They could also be charged with the unsafe lane change HTA section 142(1). Determining your speed in this situation would be very difficult for an investigator.
Laying a charge in an MVC and being "at fault" are often two different things. Regulation 668 of the Insurance Act sets out At Fault Rules for Insurance companies. In this case, i believe the other driver would be 100% at fault. They could also be charged with the unsafe lane change HTA section 142(1). Determining your speed in this situation would be very difficult for an investigator.
Agree with Decatur. While a lot of people get bent around the axle about speed, the reality is that "going too fast" is subjective. She'd need a collision reconstructionist to prove that you were, indeed, going too fast in some sort of quantifiable way. Sounds like she's 100% at fault.
Agree with Decatur. While a lot of people get bent around the axle about speed, the reality is that "going too fast" is subjective. She'd need a collision reconstructionist to prove that you were, indeed, going too fast in some sort of quantifiable way. Sounds like she's 100% at fault.
* 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
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
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It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
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