Highway Traffic Act section 139.1
alwb18
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Failure To Yeild Right Of Way From A Driveway

by: alwb18 on

Hello,

I am a motor vehicle technician and was on a roadtest in a customers vehicle for a noise complaint.

I was involved in an accident with the vehicle during the roadtest. I was going north out of a plaza straight into another plaza, but had to cross a road going east/west. Traffic was backed up to my immediate right due to a traffic light not far away. There was a large cube van in the backed up traffic in my line of sight. So it was difficult to see around the van. I crept up due to no traffic to my left going east. I checked to my right around the van, checked my left again and thought the coast was clear. Then just as i was about to cross into west bound lane of the road, I clipped a vehicle going westbound and damaged the front end of the customers vehicle. The person I hit said they didnt see me until the last minute and I was shocked there was a car coming because I had looked before proceeding. But I guess with the traffic I missed seeing it coming. I was given a failure to yeild from a driveway $110 ticket. I was wondering if this ticket is worth fighting with a para-legal service and if I had a case to stand on. I know that it comes down to me ensuring that there isnt a vehicle coming when exiting a driveway, but I honestly thought no one was coming. Please give me some advice.

Thanks

argyll
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by: argyll on

You haven't provided anything in your narrative that would form the basis for a defence. The other car had the right of way and you got in the way. It can be tricky when there are stopped cars in one direction but the onus is on you to be certain before pulling out.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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