If it's a separate lane, that cars just happen to be parked in, then it's legal. If it's just an extra wide lane with parking on the side, then it's lane splitting and illegal, except under very specific circumstances.
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Why did I get a ticket?
- Thread starter krrakt
- Start date
If it's a separate lane, that cars just happen to be parked in, then it's legal. If it's just an extra wide lane with parking on the side, then it's lane splitting and illegal, except under very specific circumstances.
Well they weren't shooting the breeze and having a coffee. I guess you have experience in:
-Traffic control
-Towing two vehicles, the bike needs flat bed, maybe car too
-waiting for debris swept, absorb-all for engine fluids
-Completing a traffic report, with diagram
-taking a statement from a driver
-witnesses statements
-writing PON's
All of this would be related to your call alone. Additional time added on if the officer conducted traffic stops on way to hospital.....
I'm sure your right though, the officer was building report and making friends....
skinnydragon
Member
If under the elaw fault determination, the accident was not his fault but he still got a ticket from the police; according to insurance is it still his fault?
From my understanding insurance will only state its not your fault if you provide a transcript.
From my understanding insurance will only state its not your fault if you provide a transcript.
Insurance will determine fault using the Rules of Fault Determination, which can be found on the FSCO website. If a driver was ignoring a sign at the time of a collision, or exceeding the speed limit by more than 15 Kmh, then those are stated reasons why fault might be determined differently. They don't really care much about the legal implications. I was once broadsided by a driver who was traveling on the wrong side of the road and coming up behind me when he did it, which police said was reason to charge with careless, but insurance found me to be 50% at fault.
Of course I don't know that as a fact! Just that I am being totally screwed and I did not do anything wrong, unless driving straight in my lane is wrong!
What reason would be there for this cop to give me a ticket for something I did not do (passing)?
He obviously has empathy for the cager as he did not give him a careless and gave me an un warranted ticket.
Thanks for your insight
It seems that krakkt was riding on L2 in a defensive position, and there were vehicles on L1 in a parked position.
In terms of insurance the other left-turning party is 100% at-fault for the accident. I've seen people try due diligence defenses against red light runners and speeders and they never work. Courts want you to wait at the middle of the intersection and anticipate red light runners and speeders.
I would not worry too much about the ticket you received; you can easily fight that ticket, especially because you have a due diligence defense. I don't know why the cop complicated everyone's day, because now you and the independent witnesses have to appear in court to convict the left turning driver; and the other driver + independent witnesses will now have to appear in court to convict you for the alleged "improper pass".
I've been to court for two careless driving charges, where I was a witness; the officers never showed for both, but because I appeared the defendants all pleaded to reduced charges: "failed to turn left to avoid collision".
@krakkt can you give us a google-streetview link of where it happened? maybe use paint to show where your bike, parked cars and left turning car was?
Hey,
Thank you, That is exactly how it happened but the turning car ended up in my lane with me attached to the front right tire.
It happened on Danforth ave. at Hampton ave.
The camera is pointing south.
Also, I absolutely will go to court, as the cop let the guy off easy as he said not giving him a careless.
Does he need to be charged if I want to sue him for my injuries?
I'm certain the witnesses know what happened exactly as I have explained. I hope!
Any other comments are welcome.
Thanks again
Thank you, That is exactly how it happened but the turning car ended up in my lane with me attached to the front right tire.
It happened on Danforth ave. at Hampton ave.
The camera is pointing south.
Also, I absolutely will go to court, as the cop let the guy off easy as he said not giving him a careless.
Does he need to be charged if I want to sue him for my injuries?
I'm certain the witnesses know what happened exactly as I have explained. I hope!
Any other comments are welcome.
Thanks again
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i would retain a personal injury lawyer ASAP! you don't pay them unless they win money for you; usually they take 20-30% of w/e they win for you; the injury firms also assist you with getting income replacement and physiotherapy coverage, when your insurance company denies it; you're definitely eligible for third-party tort claim, where you can sue the left-turn party outside of insurance
from your injuries, you're seriously looking at somewhere near the million mark from insurance and wiping the left-turn guy's assets clean.
I wouldn't get too upset about how the other driver was charged; even if he was charged Careless, the courts would have reduced it to an alternate charge like "lane change without safety"; he's guaranteed a conviction aslong as witnesses appear in court
he doesn't have to be charged for you to sue him; police opinion on the matter is negligible, they look at fault determination rules and in that respect, you're 0% at-fault
you have a very good chance to fight the ticket on your own, as a matter of fact... i'd even suggest an early-attendance meeting + officer's disclosure notes, and speaking to the prosecutor about what happened; you maybe able to get it dropped then... if the prosecutor doesn't budge, then you may have to retain a paralegal/lawyer... just make sure they're not x-copper or the plea-bargain groupies
re-opening a conviction is actually quite difficult, because your counsel has to prove that the justice of peace erred in law or that the proceedings were somehow compromised
from your injuries, you're seriously looking at somewhere near the million mark from insurance and wiping the left-turn guy's assets clean.
I wouldn't get too upset about how the other driver was charged; even if he was charged Careless, the courts would have reduced it to an alternate charge like "lane change without safety"; he's guaranteed a conviction aslong as witnesses appear in court
he doesn't have to be charged for you to sue him; police opinion on the matter is negligible, they look at fault determination rules and in that respect, you're 0% at-fault
you have a very good chance to fight the ticket on your own, as a matter of fact... i'd even suggest an early-attendance meeting + officer's disclosure notes, and speaking to the prosecutor about what happened; you maybe able to get it dropped then... if the prosecutor doesn't budge, then you may have to retain a paralegal/lawyer... just make sure they're not x-copper or the plea-bargain groupies
re-opening a conviction is actually quite difficult, because your counsel has to prove that the justice of peace erred in law or that the proceedings were somehow compromised
As Rob has stated, insurance doesn't really care about the legal aspect of fault as they have their own fault chart system.
You can fight and win legally but, the insurance company may still find you partly at fault which can affect what coverages you can claim for and your premium at renewal. You can escalate to the insurance obudsman but, I think you are facing a bit of a long up hill battle.
The ticket certainly doesn't help so, it's worth fighting.
The vehicle making a left turn crossing into your lane needs to proceed with slow caution as they should be on the look out for moving traffic from the curb lane.
Good luck!!!!
You can fight and win legally but, the insurance company may still find you partly at fault which can affect what coverages you can claim for and your premium at renewal. You can escalate to the insurance obudsman but, I think you are facing a bit of a long up hill battle.
The ticket certainly doesn't help so, it's worth fighting.
The vehicle making a left turn crossing into your lane needs to proceed with slow caution as they should be on the look out for moving traffic from the curb lane.
Good luck!!!!
N
Nyx13
Guest
油井緋色;2005657 said:
It's funny how many people don't know this; It has little or nothing to do with what the cops say, it's the insurance company that decides fault. Fight the ticket anyway, it sounds like B.S. but you'll have to find out from the insurance company if they've deemed him at fault (which from your description sounds plausible). If they do, you're covered.
Hey,
That's great stuff, I feel better on so many levels (not the physical one though).
All the replies have been really helpful and I will take your advice.
I'll update this topic when I know something new
I'm in the middle of a lawsuit from an accident 2.5 years ago where my injuries were 10X worse, still waiting on that one.
It's here if you care to read about it.
http://www.gtamotorcycle.com/archiv...-torte-case&highlight=crap+lawyers+torte+case
My lawyer does not want to open a new case because he is saying it may have a negative impact on the first and much bigger one. I'm ok doing whatever he thinks best.
Thanks people
That's great stuff, I feel better on so many levels (not the physical one though).
All the replies have been really helpful and I will take your advice.
I'll update this topic when I know something new
I'm in the middle of a lawsuit from an accident 2.5 years ago where my injuries were 10X worse, still waiting on that one.
It's here if you care to read about it.
http://www.gtamotorcycle.com/archiv...-torte-case&highlight=crap+lawyers+torte+case
My lawyer does not want to open a new case because he is saying it may have a negative impact on the first and much bigger one. I'm ok doing whatever he thinks best.
Thanks people
silverbullet132
Well-known member
It is perfectly legal to ride in the parking lane provided there is enough space to safely do it.
Sent from my SH-02E using Tapatalk 2
Not if it's actually a specific parking lane but if it's a lane that also happens to have cars parked in it, generally a lane that is oversized in order to accommodate the cars, then it's fine.
silverbullet132
Well-known member
Ah ok, so on danforth/bloor and some parts of Eglinton I am ok?
Sent from my SH-02E using Tapatalk 2
Mr.Azim
Well-known member
Wrong.
"The only time you may drive on the right shoulder of the road is to pass a vehicle turning left, and then only if the shoulder is paved. You may not pass on the left shoulder, whether it is paved or not."
MTO.gov.on.ca handbook.
Although there is no legal provision for or against lane splitting, it is strongly advised that you do not do it. If you are seen doing it, it is at the officer's discretion to decide whether you were driving safely or dangerously. Hint hint nudge nudge. What do you think they will say?
I would say so. Also Yonge Street, north of Lawrence, where the road starts to narrow down. Just be careful of the "door prize."
He wasn't talking about the shoulder.
Mr.Azim
Well-known member
HTA
Driving off roadway prohibited
(2) No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway. R.S.O. 1990, c. H.8, s. 150 (2).
Parking lanes are not part of the 'road way' as they are not "designed or ordinarily used for vehicular traffic". They're used to stop in, not drive in.
Driving off roadway prohibited
(2) No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway. R.S.O. 1990, c. H.8, s. 150 (2).
Parking lanes are not part of the 'road way' as they are not "designed or ordinarily used for vehicular traffic". They're used to stop in, not drive in.
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