george__
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Anything I Can Do? *have Dashcam* *rear End Collision*

by: george__ on

Don't want to post dashcam out in the open but will gladly PM you a link... Basically what happened was I was driving with some distance between cars then the car floors the brake (I stop) and then does it again a little while later (I hit the car).


Got issued with a ticket for following too close but honestly I feel like I got insurance scammed...


Would anyone be willing to watch my dashcam videos?


Thanks

zra
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by: zra on

A similar scenario happened to a year ago as a passenger in my friends car. Same thing, he ended up hitting the car and luckily, we had a witness who saw the entire event and testified. That was the way we got away from the charge. It all depends on what can be seen in the video and can't really give you an opinion without it.

george__
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by: george__ on

Could you argue that driver A violated section 172 of the HTA?


8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,


i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,


ii. stopping or slowing down a motor vehicle in a manner that indicates the drivers sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,


?

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CliffClaven
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by: CliffClaven on

george__ wrote:Ended up going viral on facebook.


Here is the crash http://www.youtube.com/playlist?list=PL ... mGoEmFHI7Q


I was not purposely following the driver... Was going to work


Thanks


Hard to tell exactly given the fisheye lens, but you looked to be driving much faster than the 40 km/h posted limit. You seemed to be gaining on the pickup truck at a steady rate throughout the drive.


It looked to me like the pickup driver "brake checked" you. Not sure why he stopped completely in the middle of the road. Maybe he was trying to send you a message about speeding, as the neighbourhood become more densely residential.


Sorry, but that's how it looked to me on the video.

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highwaystar
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Posting Awards

by: highwaystar on

If I were you, I would NOT use that video evidence in court--it doesn't help you. On the contrary, I'm amazed that you weren't charged with careless driving. The video is clear that you were driving much faster than the speed limit of 40km and you were either not paying attention or didn't care about safety. Keep in mind that if an officer investigated the accident, they undoubtedly made calculations of the road and markers,posts, curbs, etc., so those can reasonably be used to approximate speed.


As can be seen at the 17 second mark, the pickup truck brakes and then releases. At that point, you have a pretty reasonable gap between the 2 vehicles, yet, you don't apply YOUR brakes to stop your vehicle (you appear to simply just lay off the accelerator)----after all, you continue to approach and not stop your vehicle (with lots of room to do so!). That in itself, shows that you were either being inattentive or disregarding public safety. But the proverbial 'nail in the coffin' is that a prudent driver who experiences a sudden stop or braking (like you experienced) would naturally slow down and create a greater gap between them and the other vehicle in the event it happens again. But not you, instead you actually appear to speed up and close the gap even more---getting closer. In other words, following too closely.


In my view, if they offer you a lesser offence, take it. Otherwise, don't be surprised with a conviction. People have been convicted of careless with A LOT less evidence. I think you should count yourself lucky. The other driver may have been braking checking you (and been an idiot), but that doesn't excuse YOUR actions.

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Radar Identified
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by: Radar Identified on

If I were you, I'd try to plead it down to "fail to turn left to avoid collision" or something like that. That seems like your best option here.


The other driver probably had a few screws loose, but it sounds like you should've backed off. The fact that he wasn't charged sucks, but that does happen... next time some bonehead tries that, back way off, note the licence plate and call police saying that he's "driving erratically." :)

* 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
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