OHTA.ca

Hello,

Apologies if this is in the wrong thread - it's the closest I could find to my dilema (I was charged with careless driving). I understand form the Fault Determination Rule: "If the incident occurs when automobile "B" is entering a road from a private road or a driveway and automobile "A" is passing the private road or driveway and, if there are no traffic signals or signs, the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident."

My question is: would the rule still apply if automobile A is not driving in the regular lanes, but instead crossed a solid yellow line to bypass cars and then struck automobile B?

Scenario:

- I was exiting a driveway on the north side of the road, intending to go east.

- In order to get to eastbound lanes, I must cross westbound lanes and center lane (solid yellow lines)

- Westbound traffic was stopped due to a red light further ahead, so the cars in the westbound lanes let me through.

- After crossing the westbound lane I was struck by a car who decided to cross the solid yellow line and bypass the stopped cars in order to get to the designated left turn lane of the intersection quicker.

As a result I was deemed "at fault" and charged with careless driving. I fought the ticket and the prosecutor had the charge withdrawn (whew!), but my insurance rates have now gone up due to being "at fault". I understand the determination rule is pretty much black and white, and if the car that stuck me were in the normal lanes I couldn't do a thing about it. But considering where automobile A was driving when I was stuck, does the rule still apply?

Photo of incident:

Thanks in advance!

I would say yes, you're still at fault. The solid or dashed lane markings aren't legally enforceable, they're more of a suggestion. Unless there was signage dictating a specific use for the lane, it would appear the other driver's pass was legal. Section 12(6) of the fault determination rules state the following:

If automobile "B" is leaving a parking place or is entering the road from a private road or driveway, and if automobile "A" is overtaking to pass another automobile when the incident occurs, the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident.