OHTA.ca

I was in an accident a few weeks ago on my way to work. I was stopped at an intersection on my way to work on a green waiting to be able to turn left a truck was waiting opposite to me waiting to turn left and was obstructing my veiw of beside it but I was able to clearly veiw the cars coming up behind it, I kept tracked and between distance from when a car came and passed when I saw a break in traffic that would give me a reasonable time to turn, I proceeded with my turn. Half way into my turn I was struck and T-boned by a truck, twice he hit me one bounced of and hit me again. when police arrived on the scene they did not speak to me to other then getting my licence and car insurance information. I was ticketed for unsafe left turn, while the other driver had no penalties on the accident report itself states that my speed was approx 20km/hr which would be about accurate and his was 30km/hr. The speed limit of the area was 50 km/hr. The amount of damage alone would indicate that I was hit at a much faster speed. I feel that he was going atleast 70km/hr when he initially hit me.

So the question, to which I do not know the answer, is this ... If he was speeding, does part of the fault fall on him and his insurance, versus 100% fault for you?

Getting hit by a truck will show quite a bit more damage than a car even at low speeds. If you were t-boned by a truck going 70 chances are you would not be here to tell the tale.

jsherk wrote:So the question, to which I do not know the answer, is this ... If he was speeding, does part of the fault fall on him and his insurance, versus 100% fault for you?

In this circumstance if the other driver were to be charged with going faster than 15 kph then the fault determination rules would not apply. It would be ultimately up to a court to decide fault.

First of all I am happy to assume and you are fortunate that you weren't injured as vehicles can all be fixed or replaced, your accident is a slippery slope as LEFT TURNS-NOT IN SAFETY almost always follow a collision BUT you do have an alternative if the officer and the Crown are willing and there is no reason to not help you out and that's to ask for a reduction of the HTA charge to the decades old by-law of TURN NOT IN SAFETY that carries only a small fine and no points which nowadays is really what we all wish to avoid! Doesn't hurt to ask! Good Luck and don't worry about what the other driver did or didn't do as you will only piss off the Police!

Remember though that even with a 0 demerit point charge your insurance may still go up.

Even without the charge it will be an at fault accident, unless there is accident forgiveness in the policy, rates will likely go up anyway.