So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I will say that it was not a long enough stretch to pass him while pulling my trailer, but I didn't realize that at the time. So anyways while passing him; which I was most likely only doing 10 over his speed; a truck came around the corner at high speed. I do not know what speed but I was able to tell that he was going over the speed limit by enough. As soon as I seen him the only place I could go was in the ditch as I hit my brakes and tried getting in the ditch my trailer pulled my back end of my truck and I was facing north(the forest). The truck never hit his brakes until after he hit my truck and my trailer. So the part I need help with is after the accident cops were called and blah blah blah your know the whole things with accidents. Eventually an MNR (Ministry Of Natural Resources) stopped on his way by. He was in contact with the cops from the region and turns out they couldn't come that day to the accident they asked the MNR to take pictures of the accident and our licenses and what not. The west bound truck got towed because it wasn't drivable. I was able to drive mine and the MNR asked the cops to see if it was ok for me to drive and they said yes. We also picked up what was left of my trailer that night. The MNR said the cops would call and come talk to me. This happened Sunday afternoon and it's now Tuesday evening and still nothing. The main things I wanna know is will I get charged? Will I be 100% at fault? How long do they have to take statements and give charges (tickets) after the accident was reported? Is this even legal for an MNR to do this for the cops? Is there anything I can do, as in a loop hole where I can save my butt if I am at fault? Please help ASAP thank you.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I will say that it was not a long enough stretch to pass him while pulling my trailer, but I didn't realize that at the time. So anyways while passing him; which I was most likely only doing 10 over his speed; a truck came around the corner at high speed. I do not know what speed but I was able to tell that he was going over the speed limit by enough. As soon as I seen him the only place I could go was in the ditch as I hit my brakes and tried getting in the ditch my trailer pulled my back end of my truck and I was facing north(the forest). The truck never hit his brakes until after he hit my truck and my trailer. So the part I need help with is after the accident cops were called and blah blah blah your know the whole things with accidents. Eventually an MNR (Ministry Of Natural Resources) stopped on his way by. He was in contact with the cops from the region and turns out they couldn't come that day to the accident they asked the MNR to take pictures of the accident and our licenses and what not. The west bound truck got towed because it wasn't drivable. I was able to drive mine and the MNR asked the cops to see if it was ok for me to drive and they said yes. We also picked up what was left of my trailer that night. The MNR said the cops would call and come talk to me. This happened Sunday afternoon and it's now Tuesday evening and still nothing. The main things I wanna know is will I get charged? Will I be 100% at fault? How long do they have to take statements and give charges (tickets) after the accident was reported? Is this even legal for an MNR to do this for the cops? Is there anything I can do, as in a loop hole where I can save my butt if I am at fault?
Police typically have up to 6 months to lay a charge under the Highway Traffic Act. Nobody can say for certain if youll actually be charged but Id say its most likely based on what happened. You could be looking at a ticket for unsafe passing or even careless driving. Its ultimately up to the investigating officer. Regardless of any charge, you are 100% at fault under the insurance fault determination rules. To the best of my knowledge MNR conservation officers are designated peace officers so I dont see an issue with them obtaining basic information at the scene. Theres no requirement a police officer actually attend the scene. Sometimes everyone leaves the scene before police even find out about the accident and they have to peace it together after the fact. While I understand it's annoying to have this hanging over your head, there's not really much you can do except wait for the time being. Out of curiosity, where did this happen? Im guessing northern Ontario?
Police typically have up to 6 months to lay a charge under the Highway Traffic Act. Nobody can say for certain if youll actually be charged but Id say its most likely based on what happened. You could be looking at a ticket for unsafe passing or even careless driving. Its ultimately up to the investigating officer. Regardless of any charge, you are 100% at fault under the insurance fault determination rules.
To the best of my knowledge MNR conservation officers are designated peace officers so I dont see an issue with them obtaining basic information at the scene. Theres no requirement a police officer actually attend the scene. Sometimes everyone leaves the scene before police even find out about the accident and they have to peace it together after the fact.
While I understand it's annoying to have this hanging over your head, there's not really much you can do except wait for the time being.
Out of curiosity, where did this happen? Im guessing northern Ontario?
Yes it happened in northern Ontario. And also thank for the info figured it might be how it will turn out. So last night I found out that according to the MTO the road is actually deamed a "Private Road With Public Access" and not a high way. So this being said I got into an accident on private property meaning no one should be at fault right? Also what will happen will my insurance still take it as an accident in this case?
Yes it happened in northern Ontario. And also thank for the info figured it might be how it will turn out. So last night I found out that according to the MTO the road is actually deamed a "Private Road With Public Access" and not a high way. So this being said I got into an accident on private property meaning no one should be at fault right? Also what will happen will my insurance still take it as an accident in this case?
No. The insurance company will still assign fault based on the circumstances involved and the fault determination rules. Public roadway, parking lot, private driveway, unassumed road - makes very little difference in how fault is assigned. For the purposes of a charge under the Highway Traffic Act the fact that it is not a public highway will make a difference, but does not mean you cannot be charged at all. Your insurance company will, contingent on your coverage, have to pay for repairs and damage caused in the accident - why wouldn't it consider this an accident? Undoubtedly an at-fault accident at that.
The_outdoorsman wrote:
...So last night I found out that according to the MTO the road is actually deamed a "Private Road With Public Access" and not a high way. So this being said I got into an accident on private property meaning no one should be at fault right?
No. The insurance company will still assign fault based on the circumstances involved and the fault determination rules. Public roadway, parking lot, private driveway, unassumed road - makes very little difference in how fault is assigned.
For the purposes of a charge under the Highway Traffic Act the fact that it is not a public highway will make a difference, but does not mean you cannot be charged at all.
The_outdoorsman wrote:
...Also what will happen will my insurance still take it as an accident in this case?
Your insurance company will, contingent on your coverage, have to pay for repairs and damage caused in the accident - why wouldn't it consider this an accident? Undoubtedly an at-fault accident at that.
"The cops were called and blah blah blah" .. LOL! You're screwed, I can't imagine anything but 100 % your fault. I'm surprised you didn't get slapped with Dangerous. Sounds like a real ballsy move that's gonna cost you big.
The_outdoorsman wrote:
I do not have collision on my truck so in others words I guess I'm pretty screwed in this case?
"The cops were called and blah blah blah" .. LOL!
You're screwed, I can't imagine anything but 100 % your fault. I'm surprised you didn't get slapped with Dangerous. Sounds like a real ballsy move that's gonna cost you big.
Damages for the other parties are still covered under your insurance policy up to your max. liability (usually $1 million); Collision coverage is only for your truck. So if you get into an at-fault accident, your insurance company will not repair your vehicle. http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm
The_outdoorsman wrote:
I do not have collision on my truck so in others words I guess I'm pretty screwed in this case?
Damages for the other parties are still covered under your insurance policy up to your max. liability (usually $1 million); Collision coverage is only for your truck. So if you get into an at-fault accident, your insurance company will not repair your vehicle.
(2) The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in accordance with this Regulation as if the thoroughfare were a road. R.R.O. 1990, Reg. 668, s. 16 (2).
"thoroughfare" means a main road for passage into, through or out of a parking lot. R.R.O. 1990, Reg. 668, s. 16 (5).
Rules for Automobiles Travelling in Opposite Directions
(4) If automobile "B" is over the centre line of the road when the incident occurs, the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident.
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
