No ticket yet but need lots of help!!

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The_outdoorsman
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No ticket yet but need lots of help!!

by: The_outdoorsman on
Tue Aug 26, 2014 7:27 pm

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.
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Stanton
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by: Stanton on
Tue Aug 26, 2014 10:24 pm

Police typically have up to 6 months to lay a charge under the Highway Traffic Act. Nobody can say for certain if you’ll actually be charged but I’d say it’s most likely based on what happened. You could be looking at a ticket for unsafe passing or even careless driving. It’s 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 don’t see an issue with them obtaining basic information at the scene. There’s 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? I’m guessing northern Ontario?
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The_outdoorsman
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by: The_outdoorsman on
Wed Aug 27, 2014 4:51 am

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?
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Mugwug
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by: Mugwug on
Wed Aug 27, 2014 6:33 am

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.
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hawaii
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by: hawaii on
Wed Aug 27, 2014 4:16 pm

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.
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iFly55
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by: iFly55 on
Wed Aug 27, 2014 4:32 pm

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.

http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm
Rules for Automobiles in Parking Lots

(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.
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