Was in a minor accident and i was in a left turning lane going north when i hit someone making a turn to go south that was coming out of a parking lot. The reason i did not see the other vehicle was the the other two lanes was filled with bump to bumper traffic. I got into the left lane where there was still the dashed yellow lines on my side, the lane then only had solid yellow lines on each side, so while in this lane i was going straight passing the traffic to make the left turn at the intersection up ahead. Up ahead out of view the cars were stopped where a car was coming out of parking lot trying to make a left into the south lanes. Thinking it was clear they made the left and thats when i came and hit her car. I was given a carless driving ticket but i feel that i was not at fault. The officer gave me the ticket because he said i was too far from the intersection to be in the turning lane. I would like to know if this is true and who really is at fault for the accident.
heres a diagram, I am the red car in the left turning lane. The green squares is the traffic, blue box is the car i hit. There is an intersection i couldnt draw up ahead less than 100m. Hope this helps
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Yeah for insurance purposes the left-turner should be at fault there... but the Fault Determination Rules aren't the Highway Traffic Act so you'll still have to fight the Careless Driving charge even if insurance says you are 0% at fault. (Confused?) I would suggest getting a paralegal or lawyer for any Careless Driving charge. The consequences of being convicted are quite steep.
* 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