“Careless Driving While Trying To Avoid Rear End Collision”

I merged with traffic on a two lane highway on Highway 12 in Orillia between the lead car and 2nd vehicle, my wife was a passenger.The traffic entered a construction zone marked 60 kph, i was doing 50 kph and was app 40-50 ft behind the lead vehicle. The lead vehicle commenced to slow down which I also did and the gap remained about the same. All of a sudden for absolutely no reason the lead vehicle came to a dead stop so hard that he bottomed out his oil pan. I quickly determined that the oncoming lane was empty and attempted to go around to the left side to avoid a collision. Going to the right was not an option due to the ongoing construction and the ditches were 6-8 ft deep.

I struck the left hand rear of the vehicle app 6 inches inboard and moved it several feet. The vehicle immediately behind me took the same action but was able to miss me entirely by using the oncoming lane and left shoulder and come to a full stop, the driver of this vehicle contacted the police.I determined that there were no injuries to myself and wife and also to the driver of the lead vehicle. I directed him to move to the shoulder as I did to allow traffic to flow. The occupant of the lead vehicle got out of his vehicle and declared he stopped as he thought the roadway had disappeared. The road had been patched app 3 feet wide the entire width of both lanes and the pavement was light gray on both sides with the middle new pavement being black. The different contrasts obviously confused his vision/perception. The lead driver was 85 years old and seemed quite confused and kept commenting that it was his fault as he came to a complete stop as he thought the road had a large crater or had disappeared. I assured him part of the blame was mine due my hitting his rear end.

The attending officer took both our statements and the elder driver departed and I was charged with careless driving but advised I could likely plead to a lesser charge. I had my vehicle towed to a repair shop at a cost of $200.00.

Since the incident I contacted the elder driver and ensured he was OK. I paid him several hundred dollars for the damage to his 1995 Buick which was still drive able and advised him not to contact his insurance. I felt that regardless of who was at fault his insurance might have issue with his age and ability to drive.

I intend to enter a not guilty plea and request a court appearance where if nothing present my side and attempt to plead to a lesser charge as I believe I did everything possible to avoid the collision.

Any suggestions?

If you go to trial, you can't be found guilty of a less serious charge. The only way to be found guilty of a less serious charge is to work out a plea deal with the Crown prior to trial.

If you intend to fight the charge outright, might be worth hiring representation. Careless driving is a very serious conviction and will likely have a significant impact on your insurance rates.

mayhew wrote:I intend to enter a not guilty plea and request a court appearance where if nothing present my side and attempt to plead to a lesser charge as I believe I did everything possible to avoid the collision.

Any suggestions?

...but you didn't do everything possible to avoid collision. The law requires you to remain a distance which allows you to safely stop should everything in front of you stops at a moments notice. You did everything possible for your situation, but it's not a situation you are supposed to be in.

I suggest you take a different route. Either hire a paralegal or see if some sort of deal can be worked out with the crown right before you trial. Please do not go all the way to a trial and plead sympathy. By that time they are only interested in whether you are guilty or not of the charge and you're just going to bury yourself. See if something can be worked out beforehand.