i was making a right turn a pedistrian came running across and got struck on the crosswalk there was no injuries though she was taken to the hospital to be checked. I was tickected for fail to yield what are my options
Fail to Yeild to Pedestrian fatal error on ticket?
Re: Fail to Yeild to Pedestrian fatal error on ticket?
Is it mandatory to get a ticket when a pediatrian gets hit at a crosswalk?
Re: Fail to Yeild to Pedestrian fatal error on ticket?
A pedistrian got hit at the crosswalk when i was taking a right turn i tried to take pictures of the scene but was stopped by the police. Do they have a right to do this?
Re: Fail to Yeild to Pedestrian fatal error on ticket?
johnwhite wrote:
A pedistrian got hit at the crosswalk when i was taking a right turn i tried to take pictures of the scene but was stopped by the police. Do they have a right to do this?
The officers priority is the well being of the individual whom you hit. While the act of taking pictures isn't a crime, being in the way can be. They have a responsibility to make sure the area is clear so any personnel can get in and out of the scene. Seeing how an ambulance was involved, that's probably the case. Your pictures are not a priority, therefore you should leave the area if you've been asked to.
johnwhite wrote:
Is it mandatory to get a ticket when a pediatrian gets hit at a crosswalk?
I'm not sure where you're going with this. If an officer believes there is enough in front of him to lay an appropriate charge on you, he can and will do so.
Re: Fail to Yeild to Pedestrian fatal error on ticket?
you did not anwer my question the police was not there so is it mandatory
Re: Fail to Yeild to Pedestrian fatal error on ticket?
It isn't mandatory in law but some Services might have policies concerning such matters.
- highwaystar
- Sr. Member

- Posts: 380
- Joined: Fri Oct 11, 2013 5:46 pm
-
Posting Awards
Re: Fail to Yeild to Pedestrian fatal error on ticket?
johnwhite wrote:
you did not anwer my question the police was not there so is it mandatory
Officers don't have to witness an incident themselves to lay a charge. They can do so based upon other evidence, such as witnesses, accident reconstructions, video, etc.
Generally, if you hit a pedestrian at a cross-walk, the driver is charged since the pedestrian has the right of way and the driver should have paid more attention. After all, if the pedestrian was travelling by foot, the driver should have seen them and waited because the pedestrian's speed and distance is not going to be THAT significant for the driver to not be able to anticipate. On the other hand, if the person was on a bike, scooter or other mobile device, the driver usually has a better chance to defend themselves.
That's not to say that all drivers who hit a walking pedestrian are at fault----rather, its just a lot more difficult for them to defend their actions. The court will likely want to know whether they took all reasonable steps to ensure the turn was done in safety. After all, a pedestrian could wave the driver through and then jump in front to purposely get hit as part of an insurance scam. But, that's tough to show without a dash cam.
Similar Topics
-
-
- Fail to Yeild to Pedestrian fatal error on ticket?
- Posted in Failing to yield the right-of-way
- By jettech on
- Replies: 4
-
-
-
- Failure to Yeild to a pedestrian, but i was stopped.
- Posted in Failing to stop at a pedestrian crossing
- By Matt.a.Das on
- Replies: 7
-
-
-
-
- Left Turn Fail to Afford.... fatal error?
- Posted in Improper left turn
- By karra on
- Replies: 1
-
-
-
-
No Charge, but Insurance is applying failure to yeild
- Posted in Failing to yield the right-of-way
- By forwardlean on
- Replies: 3
-
-
-
-
- Failure to Stop and Yeild for Emergency Vehicle
- Posted in Failing to yield the right-of-way
- By orange5.0lx on
- Replies: 1
-
-
-
- charged with failing to yeild
- Posted in Failing to yield the right-of-way
- By tmelch27 on
-
-
-
- Failure to Yeild right of way from a Driveway
- Posted in Failing to yield the right-of-way
- By alwb18 on
- Replies: 1
-
-
-
- fatal error for wrong location on ticket?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By willcamp on
- Replies: 3
-
-
-
- What qualifies as a 'fatal' error on a ticket?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By nutra on
- Replies: 1
-
-
-
- Fatal Error on the Ticket
- Posted in General Talk
- By inbini on
- Replies: 22
-
-
-
- Seatbelt ticket-no CVOR number-Fatal error?
- Posted in Driver failing to wear a seat belt
- By HTARep on
- Replies: 1
-
-
-
- Is this a fatal error on the ticket?
- Posted in Driver failing to wear a seat belt
- By lkp1v07 on
- Replies: 1
-
-
-
- Fatal error? Ticket date off by 7 months.
- Posted in Courts and Procedure
- By nhes90 on
- Replies: 3
-
-
-
- a) Fatal Error on ticket? and b)Toronto Muni Code Violation?
- Posted in General Talk
- By bual on
- Replies: 4
-
-
-
-
City of Toronto - Speeding ticket not signed - Fatal error?
- Posted in General Talk
- By iconfat on
- Replies: 6
-
-
-
-
- Incorrect Speed Sign Limit written on ticket (Fatal Error?)
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By mintz on
- Replies: 2
-
-
-
- Fatal error - wrong travel direction noted on ticket
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By Hemway on
- Replies: 1
-
-
-
- Speeding Ticket (possible fatal error)
- Posted in General Talk
- By Red Cliff on
- Replies: 59
-
-
-
- Possible Fatal Error on my Speeding Ticket
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By omhush on
- Replies: 9
-
Featured Topics
Speed Trapped
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS…
2 tickets I'm scared
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record…
Careless driving - left turn causing collision
Hi all, sorry in advance for the wall of text but I am a bit out of my depth and trying to get more information.
I received a Careless Driving ticket back in August, and received my trial notice for Jan 30th, 2017 in late October.
The incident happened as I was stopped in a major intersection waiting…
60 km/h in a 50 km/h zone in Hamilton City, NEED YOUR HELP!
Hello everyone.
Thank you for your time to help me who has totally no experience to deal with a ticket.
I was caught by police driving at 60 km/h in a 50 km/h zone one King St. W., Hamilton.
They asked for my license and ownership but no my insurance and gave me a $40 ticket contrary to HTA 128.
The…
Advice to presenting case
I'm going to preface this with a little concern....I know that at least one moderator on this forum is likely a co-worker of the officer who tagged me. I'm hoping that by being involved here, this moderator is already acting unbiased towards incidents he/she is not directly involved in. Also…
forcing fatal error
I received a ticket the other day that has my wrong name, wrong address and wrong set fine amount. Is the best thing to do default on it and hope it is quashed and if it isn't file for appeal as per London v. Young ?
Also for an incorrect offence or an offence "not known to law." as an example :
"Spee…
can I be held responsible - not driving
Hey guy's
So I'm getting a new car on Tuesday and the old battered one is either going to the junk yard or for sale.
Now, I'm keeping it in the garage, but it won't have any insurance (swapped to new car) will have plates and sticker.
Now, if somone comes to see it and wants to test drive it, and I…
Failed to yield to traffic
My step-father received a ticket under Sect 144(8), not yielding to traffic.
The intersection is with a highway, lights at all stops. Highway speed limit 90 kmh, speed of intersecting road 50 kmh.
When he arrived at the lights, they were flashing red all ways as the power was out in the area and was…
fight stop sign
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could…
Disclosure request interval
Hello everyone,
I got a ticket for going 20 km/h over 50 in Toronto around March of last year and received my court summons for a hearing in February 2012 approx. 3 weeks ago. Mailed out a request for disclosure a week after that. It's now been 2 and a 1/2 weeks since the request and I was…
