Who is at fault

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romsan
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Who is at fault

Unread post by romsan on

This is taken from another forum, it seems that opinions who is at fault split towards the guy who did the right turn (he did not fully stopped on the red light).

Hello
I just got into an accident couple weeks ago.
My ICBC adjuster says I am at 0 fault but the other party does not agree.
and since I only have the basic insurance, ICBC wont let me fix my car until the situation is resolved.


I had an advanced green left turn arrow, the other guy had red
What do you think about this accident?

https://www.youtube.com/watch?v=GZKGR03hKyY

Link to other forum is here http://forums.redflagdeals.com/car-acci ... o-1826367/
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ynotp
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Unread post by ynotp on

This forum is specifically for Ontario. If you were in Ontario you would not be at fault if you made a left at a green arrow and the other driver essentially ran a red right, but you are in BC so the fault determination rules may be different.
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bend
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Unread post by bend on

I'd argue both drivers are at fault.

The driver making the right needs to make a complete stop before continuing. Had he made the complete stop rather than slowly rolling, he would have been entitled to make that turn as he has his own lane and the driver making the left has his.

The driver making the left also made an error. You are required to keep to the lane you turned from. Instead, he decided to end the turn using both lanes.

I'd imaging both drivers will take a percentage of the fault rather than 100% going in either direction.
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romsan
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Unread post by romsan on

This happened in Toronto. I guess driver is from BC.
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UnluckyDuck
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Unread post by UnluckyDuck on

Juat curious. Even though the black SUV didn't stop, it held it's lane, and the vehicle with the dash cam made no attempt to he their lane. So wouldn't that be an unsafe lane change by the DashCam vehicle therefore 100% fault for the dash cam vehicle?
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ynotp
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Unread post by ynotp on

To my eyes the accident looks like it happened when some part of the vehicle was in the crosswalk so one could argue that the regulation assigns 100 fault to the suv because technically they were still in the intersection. If it happened another 10 feet down the road then I'd call it a sideswipe with fault going to the car.




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