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Got Rear ended, and Got issued Unsafe Lane Change
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PostPosted: Thu May 19, 2011 3:19 am 
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Joined: Thu May 19, 2011 12:06 am
Posts: 1
Situation:
My vehicle was stopped in middle lane, 5-6 car lengths behind a redlight. Wanting to make a right at intersection I had my right signal on 50 meters before stopping, not able to switch lanes because of traffic. Both lanes started to move with the green light and the right lane started to clear as cars turn right at intersection, after shoulder-checking and making eye contact with driver I change lanes. Successfully entered lane and moved along with traffic (moving not more 20km/hr) until car infront stopped (at this point I was 2 cars behind intersection), inturn I stopped and got rear-ended by a Van.

Additional Info:
-Officer spoke with driver in the Van first (carrying 3 adults and a baby), before listening to my side of the story with a set mind and issued me an unsafe lane change ticket.
- I believe driver was texting but no proof. (saw driver look down from rear-view mirror) but did not report to officer at the time of incident.
- Van got totaled, as it was old, sketchy, and I was in a bad neighbourhood at collision site. My civic received minimal damages of only a stamp from Van's license plate, (lost phone carrying pictures)
- My first accident
- Van was stopped and a car and a half length behind me when I changed
- Very Sunny and Bright

What I have so far...
Car that rear-ended me was stopped at my time of changing lanes thus I can't be deemed as unsafe if I was cleary inside lane before getting hit.
"Unsafe" is relative, officer was not there and his accepted knowledge is the one received only of the other driver.
My point did not get across because of:
- my lack of experience in first accident situation
- Other driver had baby as leverage, and strength in numbers
- Officer's steered opinions
- Officer's choices of words (offensive with some f-bombs) and authority startled me, which kept me compliant with his decisions.
- Signaled 50 meters before coming to a complete stop to 5-6 cars behind intersection
- Driver was behind me at all times, should be able to notice flashing right signals, Providing sufficient warning.
- ^ at rest position not realizing surroundings = careless driving (This I will only say if they neglect the fact I made EYE-CONTACT with driver)
- How unsafe can lane changing be with situation only allowed speed of no more than 20km/hr while both cars were halted in position.


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Re: Got Rear ended, and Got issued Unsafe Lane Change
PostPosted: Thu May 19, 2011 12:13 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
just b/c a vehicle's signal is activated does not mean it is a legal and "part the way, I'm coming over"........similiar as those that park in "no parking" zones and put on the 4-way flashers.
just an fyi,

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Got Rear ended, and Got issued Unsafe Lane Change
PostPosted: Thu May 19, 2011 5:38 pm 
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Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1048
Location: Ontario, Canada
You should get disclosure and see what was said by the witnesses.

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Visit us at: Ontario Ticket OR OHTA OR Ontario Traffic Act OR Highway Traffic Act


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