OHTA.ca

Hello,

I want to fight this case but not sure how if I can, please help. Thank you.

As I was approaching the traffic light to make a left turn, I stopped and inched a little bit forward at the intersection as the traffic light was still green and there were oncoming cars on the opposite lane. The traffic light turned yellow and I saw the opposing cars slow down and came to a stop. As the light turned red, I began my left turn onto a one lane street. The opposing car suddenly make a right turn onto that same one lane street as I was already making my left turn. Thus, the collision occurred. The opposing car hit the front passenger side door of my car.

I am wondering who is at fault, and how should I go about this case,

Thank you.

Karrot wrote:Hello,

I want to fight this case but not sure how if I can, please help. Thank you.

As I was approaching the traffic light to make a left turn, I stopped and inched a little bit forward at the intersection as the traffic light was still green and there were oncoming cars on the opposite lane. The traffic light turned yellow and I saw the opposing cars slow down and came to a stop. As the light turned red, I began my left turn onto a one lane street. The opposing car suddenly make a right turn onto that same one lane street as I was already making my left turn. Thus, the collision occurred. The opposing car hit the front passenger side door of my car.

I am wondering who is at fault, and how should I go about this case,

Thank you.

50/50 ??

Unfortunately, it's going to be your word against his at this point... it may ultimately be 50/50 or 100% your fault.

Fault determination rules suggests both drivers can be at fault here. The other driver when facing an amber light must come to a complete stop. From your observation the vehicle came to a complete stop. The vehicle made a right turn against a red light without "yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute an immediate hazard".

On the other hand you yourself made a left turn that resulted in a collision. From experience watching 'Turn not in Safety' trials, even when the JPs accepted evidence that the other driver was excessively speeding and ran a red light... the onus was still on the left turn driver to make sure their way was clear.

In the future it may be in your best interest to invest a cheap dashcam.

Signal for left or right turn

142. (1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement. R.S.O. 1990, c. H.8, s. 142 (1).

Amber light

(15) Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution. R.S.O. 1990, c. H.8, s. 144 (15).

Red light

(18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18).

Exception – turn

(19) Despite subsection (18) and subject to subsection (14), a driver, after stopping his or her vehicle and yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute an immediate hazard, may,

(a) turn to the right; or

(b) turn to the left from a one-way street into a one-way street,

without a green indication being shown. R.S.O. 1990, c. H.8, s. 144 (19).

14. (1) This section applies with respect to an incident that occurs at an intersection with traffic signs. R.R.O. 1990, Reg. 668, s. 14 (1).

(2) If the incident occurs when the driver of automobile "B" fails to obey a stop sign, yield sign or a similar sign or flares or other signals on the ground, the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident. R.R.O. 1990, Reg. 668, s. 14 (2).[/quote]

(5) If automobile "B" turns left into the path of automobile "A", the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident.