Slid into a car at intersection - Careless Driving.
Jerazo
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Slid into a car at intersection - Careless Driving.

Unread post by Jerazo »

My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only to return to it when he drove arround the block to collect himself, when he got back the scene was all gone. An officer came to the house and said our son just fled an accident. we called his cell and he said he was on his way to the staion and the officer left to meet him there. Charge with careless driving he is 18. Can we beat this charge?


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Radar Identified
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Unread post by Radar Identified »

With a charge like careless driving, I'd recommend discussing this with a paralegal. If he bumped or broadsided a car that was stopped while he made the turn, particularly with rainy road conditions, a careless driving charge is not surprising. The consequences of a careless driving conviction are quite severe, particularly with respect to insurance. As far as being able to beat it... it's really difficult to tell.


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Unread post by racer »

Radar Identified wrote:With a charge like careless driving, I'd recommend discussing this with a paralegal. If he bumped or broadsided a car that was stopped while he made the turn, particularly with rainy road conditions, a careless driving charge is not surprising. The consequences of a careless driving conviction are quite severe, particularly with respect to insurance. As far as being able to beat it... it's really difficult to tell.
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A little more details can help us deal with this ticket. the post in not 100% clear with respect to what has actually happened.
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Unread post by Jerazo »

He was making a right and hydoplaned just before he was able to make the right. The car swerved right and he tried to not hit the car waiting to make the left, however was unable to.
Getting a paralegal for this, for sure.


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Careless Driving

Unread post by OTTLegal »

It doesnt sound like Careless Driving to me,

Sounds like it should have been "Improper Turn" which would be a 2 point ticket, instead of a 6 point ticket that will dramatically affect the insurance for your son.
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Unread post by Jerazo »

Thank you Chris. Thats what I thought, even the lady who he hit said he was not driving carelessly at all. Cops were called after my son left so the cop charged based on I don't know. We are paying the damages for the car privately. I think we will plead NOT GUILTY and try for a withdraw. I have been looking on www.canlii.ca but have a hard time finding a similar case, I think my use of that site is bad. Anyone find a case I can cite will be a tremendous help! Thank you.


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Unread post by hwybear »

sounds like a good careless to me. Making a turn into the closest lane and then hyrdoplaning into the other lane :?: Even the deepest of water rut would not make a vehicle go into another lane when turning at an appropriate speed.....this was caused by going way tooooooo fast, failing to adapt to weather conditions.

Would have also added fail to remain/report accident charge on top.
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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Unread post by Jerazo »

He says he had no control of the front steerin as much as he tried to get control about 20 feet from where he was to turn right, no speeding even for the conditions based on the other driver, loke slow motion slide into her. The car swerved right more than he turned right..


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Unread post by hwybear »

Jerazo wrote:He says he had no control ..
I know you understand what he says, but stand back and look at the picture from a different angle...

18 = very little experience
wet roads = road traction reduced
raining = less visibility

Do not think anyone has mentioned "speeding". However we have mentioned speed toooooooooo fast for conditions which this is.

if the limit is 50km and he was travelling 40km....it is still too fast for conditions if the vehicle was unable to stop, turn etc. If the speed was say reduced to 20km this could have been avoided.

another perspective....it is in February and I'm driving 60-65km/hr on the 401 due to blowing snow, and someone drives by me at 95km/hr, watch them lose it and pooch into the ditch......the person was not "speeding" according to the posted speed limit, however they were driving "too fast for conditions".

there are also factors for hydroplaning
- depth of tread
- width of tire (wider is worse)
- tire pressure
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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Unread post by Jerazo »

Lots of water and leaves and hitting it at 20-30km in a small cavalier. Could have happened to anyone. Did not blow by anyone and was not speeding for the condition. Lady who was hit is a drivers ed instructor and says she will write a letter or be a witness to my son to attest his driving was what anyone would do at that time.


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Unread post by Squishy »

This sounds like careless driving to me as well. "I slowed down and turned the wheel all the way to the right" could satisfy due diligence for an improper turn, couldn't it? That's my thinking. Careless fits a bit better and also leaves room for plea bargaining.

I do about 50% of my driving in a Ford Escort and it has never hydroplaned in the 9 years I've driven it. If he really was going a reasonable speed, then you need to look at your equipment (tires). Tread depth does not have to be at the legal minimum to require replacement. Tires are also only good for 10 years if properly cared for, 5 years otherwise. Tire pressures should be set to the vehicle recommendation, not the sidewall maximum (this changes if you stray from the original load rating).

I spun out on the 401 in my SUV when I was 18. I was keeping up with traffic and doing "what anyone else would do," but the accident was still completely my fault for going faster than my equipment could handle, due to inexperience. I was lucky that it was a single-vehicle crash and I could learn from that experience.
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Unread post by Jerazo »

Guess I need to sit and ask him exactly what happened step by step.. Being 18 hard to get alot of dialog from him for the details of when he turned the wheel, was it hydroplane or slide he does not know what the difference is.. Maybe he slid at 20km as he was slowing into the turn and when the tires turned they lost traction.. I dunno.. I will get a paralegal to represent him on this.

Thanks.


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Unread post by Squishy »

It's possible that he tried to slow down and turn at the same time. That's a big no-no when driving near the limit of traction. All necessary speed should be shaved off while the wheels are pointing straight, as you then use all four wheels equally for braking. Once you start to turn, in your case, only the front driver's side wheel would be doing much of the braking while the other wheels are struggling to keep the car pointed where you are steering. Much easier to lose traction that way.
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Unread post by hwybear »

Squishy wrote: I was lucky that it was a single-vehicle crash and I could learn from that experience.
Bang on Squishy!!!

Rather than denial, making excuses and blaming anything else other than the person who has their hands on the wheel and foot on the pedal!

You accepted responsibility for your actions, gained experience and learned from it.
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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Unread post by Jerazo »

That sounds more like it.. I will still get into his head and see exactly what happened. He is pleasding not guilty, and I will post the outcome..






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