Potential Careless Driving Case - Pls Advise
I was driving down a country road during the afternoon following a sedan in front of me at a safe distance. I was going the speed limit. As I go over a blind hill, the car in front of me slammed on the brakes for no apparent reason. I tried my best to brake in time and barely nudged the car causing minor damage to the cars rear bumper (no damage to my car). The car in front of me apparently stopped for a dog crossing the road. I could not swerve to avoid the collision because of an on-coming van in the other lane. There was also no space to use the shoulder (narrow country roads). The driver admitted that the brakes were applied so hard that the cars ABS was activated. Is there any law that dictates coming to an abrupt stop for small animals is legal/illegal depending upon the context of the situation? Also, with the other driver knowing that I was coming up over a hill and that there was a van in the on-coming lane, does this "situational context" qualify as careless driving as the car did not have to stop? Any input/feedback would be greatly appreciated.
F.
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
Re: Potential Careless Driving Case - Pls Advise
polter_9 wrote:Is there any law that dictates coming to an abrupt stop for small animals is legal/illegal depending upon the context of the situation?
No, the onus is on the driver of the following vehicle to maintain a safe distance, sufficient to allow them to respond even to an abrupt or unanticipated action.
polter_9 wrote: Also, with the other driver knowing that I was coming up over a hill and that there was a van in the on-coming lane, does this "situational context" qualify as careless driving as the car did not have to stop?
Irrelevant. That being said, it sounds like this might be more a case of Follow to Close than Careless.
- Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
- Location: Toronto
Agree with "follow too closely." It doesn't sound like a case of careless driving.
polter_9 wrote:Is there any law that dictates coming to an abrupt stop for small animals is legal/illegal depending upon the context of the situation?
As Simon said, no. There is nothing that specifically addresses this in Ontario. It is (more or less) the driver's discretion as to how they will handle the situation when an animal runs out in front of them.
http://www.OntarioTicket.com OR http://www.OHTA.ca
- Traffic Law
- Member
- Posts: 162
- Joined: Thu Sep 25, 2008 5:28 pm
- Location: Mississauga
- Contact:
Is there any law that dictates coming to an abrupt stop for small animals is legal/illegal depending upon the context of the situation?
Yes, there is. "Drivers of the vehicles cannot be required to regulate their driving as if in constant fear that other drivers who are under observation, and apparently acting reasonably and properly, may possibly act at a critical moment in disregard of the safety of themselves and other users of the road."
-
- Similar Topics
-
-
New post Special case of 11b, need some advise
by bhavinb in Courts and ProcedureLast post by bhavinb Fri Feb 25, 2011 6:14 pm
-
-
-
New post Careless Driving Charge - Case Law Presentation
by Johnny b in Careless DrivingLast post by Johnny b Thu Jan 22, 2015 10:13 am
-
-
-
New post Potential carless driving charge
by KMG in Careless DrivingLast post by KMG Tue Jun 14, 2016 10:57 am
-
-
-
New post Questions Re Potential Dangerous Driving Charge
Last post by Decatur Sat Feb 06, 2016 7:28 pm
-
-
-
New post Stunt driving at 144 km/h in an 80 zone really need advise
by Mustang in Stunt DrivingLast post by Mustang Tue Oct 11, 2016 11:19 am
-
-
-
New post Stunt and Speeding, potential for 11b?
by duog in Stunt DrivingLast post by argyll Fri Jan 15, 2016 5:40 pm
-
-
-
New post What are the potential tickets/fines??
by manitoba10 in General TalkLast post by hwybear Tue Nov 02, 2010 7:35 pm
-
-
-
New post Latest case on 78.1(1) - driving with hand held device
by Simon Borys in General TalkLast post by hwybear Wed May 29, 2013 6:49 am
-
-
-
New post filed 11b on 10 months and 26 days case, but lost the case
by billses in Courts and ProcedureLast post by billses Mon Jan 09, 2012 10:15 am
-
Who is online
Users browsing this forum: No registered users and 3 guests