TL;DR: I got charged for careless driving. Two witnesses said it was my fault, police refused to look at my dash cam footage. Other driver got charged nothing.
I was involved in this accident on Aug. 7th 2016. I was driving straight through the intersection and the light was green for me. The driver in the opposite left lane was turning and did not pay attention to the road and hit my car. I braked as hard as I could but it was not enough to stop the collision since the other driver kept turning. Right away after the crash there were 2 people who claimed it was my fault because they said she had the advance arrow on her side and the light was red for me. When the police officer came the two witnesses said I sped through the intersection when it was her right of way (clearly this video shows otherwise). The officer only spoke with me once to ask what happened and I told him that she turned and ran into me when I had the green. At the time my brother was on his way with his laptop so I could try and retrieve the video from the camera to show the cop. After the cop took the statements he went in his car. He never spoke with me again except that first time to ask what happened and to get my driver's license and insurance. After he came out of his car he told me he had bad news because she had 2 independent witnesses say the same thing that I am at fault and was charged. However, you can hear one of the witnesses in the video say at 1:02 , “The light was green!” But then he tells the police that it was my fault and I should have braked. I claimed that I have a dash cam with video footage proving my innocence. The officer refused to look at the video footage saying I should have told him before I had a dash cam, but I explained that I was trying to retrieve the footage at the time. Furthermore, he never once asked me what proof I had to prove my innocence or anything along those lines. He just went into his car after taking initial statements and wrote his report. I told him I have the objective evidence but he did not want to look at it at all and told me to use it as evidence in the court.
No, you can provide it Immediately. He will talk to his case agent and send provide the video. The insurance determination is nothing to do with court determination of fault.
I'm an Automobile insurance adjuster who lives in the same area as this accident and watched the first 25 seconds of this video
Your insurance is right to hold you at fault under 20.2.A of the fault determination rules as you were charged with careless driving. That really is the trump card in fault. If one party is charged by the police for Careless driving we have to hold them at fault.
The real issue here is that from what I can see you should not have been charged for this accident. Go to court with a traffic lawyer and fight this. The Charge should be dropped once the judge sees this evidence. If dropped, pay for a copy of the court transcripts and give them to your insurance company who can then hold you not at fault.
If you were not convicted then other driver is 100% at fault for this accident under section 12.5 of the Fault determination rules were coverage will be provided under DCPD, where you likely have no deductible.
edit:as the exact wording says when one party is "charged", not necessarily convicted I can't guarantee that you would be held not at fault if the charge is dropped but I know that's exactly what I would do.
This is not quite correct. Also an adjuster from Canada.
In the FDRs, you must be charged with an INDICTABLE offence such as dangerous driving. Careless driving falls under the jurisdiction of the HTA and is not indictable. If you refer to 20.2, it states that fault it determined without the consideration of driving charges.
The adjuster messed up on this collision and the vehicle with the dash cam should have been not at fault.
(As an aside, left turners are at fault 95% of the time as they are held to a higher standard. The left turn vehicle is the vehicle changing the flow of the traffic, according to case law)
[video=youtube;tjlsxqEZetw]https://www.youtube.com/watch?v=tjlsxqEZetw[/video]
[video=youtube;r-U1MMNjDVM]https://www.youtube.com/watch?v=r-U1MMNjDVM[/video]
Peel police are reviewing a video from a dashboard camera that has gone viral, showing a driver who appears to have the right of way colliding with a car that turns into a Brampton intersection. Someone claiming to be the driver posted the video online, alleging they were wrongly charged, while the other driver got off.
A Peel police spokesperson said the force is currently reviewing the video and the investigation carried out by the officer who laid the charge Sunday.
“Protocol is the police goes and investigates the incident,” Constable Bally Saini told the Star Wednesday.
It’s possible that the video might not have been available to the officer when he conducted his investigation at the scene.
Saini confirmed that a charge was laid, but did not release the person’s name or which driver had been charged. “You speak to the drivers and you speak to the witnesses at the scene, everybody is spoken to at the scene as part of your investigation. You form your grounds on the information and that’s when the charges are laid.”
Someone describing themself as the dashcam driver who said in the post online that they had been charged posted the video on YouTube Monday and it had been viewed just over 900,000 times as of 1 pm Wednesday.
Under the YouTube profile “Brampton Citizen”, the poster writes that the officer told him the female driver of the other car had two “independent witnesses” who said she was not at fault. According to the posted account the driver says a charge was then laid against “Brampton Citizen” the owner of the dashcam.
The video footage shows the car with the dashcam had a green light as it approached the intersection, going straight, when the car driven by the woman approaching from the opposite direction turns left into the intersection and strikes the other vehicle.
The person who posted the statement, Brampton Citizen, writes that during the subsequent investigation the officer spoke with Brampton Citizen. “I told him that she turned and ran into me when I had the green,” the post reads.
In the video, voices can be heard shortly after the crash saying it was not the woman’s fault, even though the footage contradicts the witnesses’ claims.
Brampton Citizen states in the post that when the officer was getting information, “At the time my brother was on his way with his laptop so I could try and retrieve the video from the camera to show the cop.”
It’s unclear if the video was made available to the officer at the scene.
Brampton Citizen later states in the YouTube post: “The officer refused to look at the video footage saying I should have told him before I had a dashcam, but I explained that I was trying to retrieve the footage at the time…He just went into his car after taking initial statements and wrote his report. I told him I have the objective evidence but he did not want to look at it at all and told me to use it as evidence in the court.”
Constable Saini said that “depending on new information” from the force’s review of the incident, the initial decision could change.
“The officers in charge are reviewing all information (including the investigating officer’s notes) to determine what actually happened…that’s what we have to look into, was the video available, or if it wasn’t available.”
Contact San Grewal at 416 550-0555
Nice case of road rage with the biker giving someone the finger.Caught this on the ride home today. [video=youtube;h0_XrENofvs]https://www.youtube.com/watch?v=h0_XrENofvs[/video]
Nice case of road rage with the biker giving someone the finger.
How else am I supposed to let that driver know I don't appreciate him almost running me over?
[video=youtube;y-leGv9xY2Q]https://www.youtube.com/watch?v=y-leGv9xY2Q&feature=youtu.be[/video]
Be the car.wow! I was expecting a car coming and then bam...but just wow.