OHTA.ca

I posted a while back about this http://www.ontariohighwaytrafficact.com/topic5657.html and its still pending trial.

Unfortunately I got into a 2nd accident and got charged again with careless driving.

I was at a junction and I looked and saw that there was no traffic and proceeded to turn on the other street. As I do this a car driving the wrong way comes and hits the front side of my car. I only saw the car a spilt second before it hit me when I heard it braking and screeching and didn't have time to avoid it. 30s later before I get down, a girl driving the correct direction comes and hits to other side of my car. She saw my car late and her foot didn't grip the brake pedal properly.

Police arrive and ask us questions and inspect damage on the cars.

According to witnesses the situation was as follows. Car going fast, overtakes another car and drives in the wrong lane. Just as he has switched lanes, I come forward and he hit my side. Then the other girl hits me from the other side (She was going the right way). Witnesses (male driver included) said that I was eating while driving which I had to admit to due to the sandwich in my car and one other person said that the other girl was on the phone, but she denied it.

Me and the other girl got a careless driving ticket (I know her personally) and the guy who was driving the wrong way seemed to have got nothing?

Am I at fault in this, how was I supposed to know he will come from the wrong way?

My license is just G2, will I get suspended. I haven't yet as none of the charges have gone for trial yet.

Carless driving is defined by driving with due diligence.... or consideration for others...

Question you have to ask yourself... by eating was your full attention on the road... should the other guy got a ticket for wrong way.. probably... you can't dwell on the "why didn't" & "should he".. it's your driving record that's now effected and no court will accept a deferred blame defence.

I've experienced a somewhat same situation... (other driver listening to ipod with ear buds not paying attention... braked suddenly & I slid into him..Carless driving for me nothing for him..)

I fought it and settled with "Failing to turn to avoid collision". 2 pts Carless driving is an automatic 6pts and if I recall correctly that disqualifies you from driving. Even for a fully licenced G driver 6 pts is sever enough that it requires a meeting with the MTO to discuss why to keep license.

My advice try to have tickets reduced and take a driver training course. learn better driving habits & defensive driving skills. not to mention it will help in the event that you have to have a meeting with the MTO.

my bad gave a little bit of incorrect info... this is from the MTO..

New drivers:

As a Class G1, G2, M1 or M2 driver, if you get two or more demerit points, you will be sent a warning letter.

At six points, you may have to go to an interview.

At nine points, your licence will be suspended for 60 days.

You can lose your licence for up to two years if you fail to surrender your licence.

Fully licenced drivers:

Get six demerit points, you will be sent a warning letter.

At nine points, you may have to go to an interview to discuss your record. If you don't attend, your licence may be suspended.

At 15 or more points, your licence will be suspended for 30 days. You can lose your licence for up to two years if you fail to surrender your licence.

With two careless driving charges I'd strongly suggest seeking legal representation. Even one conviction would be detrimental in terms of insurance, etc.

The situation as you describe does raise the possibility that even if you had been driving with more due care (i.e. not eating) the accident may still have occurred. It would be very dependent on the legality and care taken by the other driver when he initiated the pass. Under insurance fault rules, I believe the other driver would be deemed at fault, though if it occurred when you were exiting a private driveway/roadway the fault switches back to you.

As a G2 driver, any 4+ point conviction results in an automatic 30 day suspension. Having this suspension on your record will also be detrimental to your insurance rates. The demerit points are only applied if you're convicted.