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wow why always me

The Criminal Code offence of fail to remain still requires mens rea to convict, so the Crown would have to prove that the accused either knew or reasonably ought to have know that there had been a collision. In this particular one, it's not like there was a big or even small "thud-like" crash with the rider that would make it obvious there had been contact.

If the rider was just lightly brushed and not knocked over or sent flying, then there would be virtually no noticeably impact felt by the driver of the car. The driver of the car just needs to maintain that he did not know there was a collision, that he felt no impact, that he though there was enough room to squeeze by without contact, then there is not much to prove any mens rea, and in turn it will be more difficult to convict for fail to remain.

A dangerous driving charge would probably have been much easier to support, but the cops can still come back and add that charge to the roster later.

Im not saying he would get convicted, thats a whole different discusssion. Im saying he should get charged with it, along with a slew of other charges....I know people that have left the scene and been charged with it, and they didnt admit to knowing they hit anyone either...point is you still get charged..

DRIVER "But I didnt know I hit anyone" COP " yeah yeah tell it to the judge"
 
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How are you supposed to stop if you don't notice that you hit something?

That being said...I don't know how you don't notice you hit something or worse...someone.

That's one of the reasons you can't drive impaired. Seen lots of drunks bump off stuff without a clue, in fact many sober, albeit stupid people, are no different
 
time to rip off that guy's insurance, if he has any. if not, sue his ***.

I'm sure the legal and insurance people can confirm, but I think that once there is drunk driving involved it becomes bigger then an insurance issue due to criminal activity
 
time to rip off that guy's insurance, if he has any. if not, sue his ***.
On what grounds? Your own insurance will cover damage, and the OP isn't complaining of any injury that would be significant enough to cross the catastrophic and disfiguring injury threshold that must be met in order to sue.
 
How are you supposed to stop if you don't notice that you hit something?

That being said...I don't know how you don't notice you hit something or worse...someone.

Bingo!!! The dill weed shouldn't be on the road if he can't even notice others on the road.
 
On what grounds? Your own insurance will cover damage, and the OP isn't complaining of any injury that would be significant enough to cross the catastrophic and disfiguring injury threshold that must be met in order to sue.

at least a few free massage therapy session.
 
True if you have any through work etc...
He was on the bike when it happened. That means his bike insurance would cover it even if he didn't have any other insurance coverage, such as through work, etc. This assumes he has bike insurance to begin with.
 
If it is reasonably possible that you indeed may have not noticed, then yes. Most collisions aren't that way, though. They produce large dents, happen in ways that jerk the vehicle or make it stop, etc. Things that are hard to miss. You are not going to convince anyone that you didn't notice a collision that took out half of your front bumper.



you could probably run over a baby, or primordial dwarf and not notice!
 
you could probably run over a baby, or primordial dwarf and not notice!

Good for us that I didn't and the world continues to exist. 8)
 
I sold my bike gave up riding the streets last week because of a close call. Me and my friend coming from Kahuna 2 weeks ago roughly, approaching the intersection to make a left with no cars infront of us or behind us. Another car was waiting to make a left in the middle of the intersection and we couldnt see the traffic behind coming from the other direction so we sat at the white line. My friend leaned over and asked me something "he thought his chain was loose" and said listen and look at it after we make the turn if its banging up and down.

That turn never happened. Right after he leaned back over to get ready to go first - van from the left (traveling north) ran the red and a pickup in the lane next to us who had the solid green (traveling west) t-boned the van in the center of the intersection 15 ft in front of us. If we pulled up a bit 3 seconds later my friend and I would have been gone...

This all happened in 8 seconds roughly(so quick) and I am still mad at myself for not riding with my contour hd camera (charging at home and was going to use it for some skateboarding footage later) That day changed my who view of things and since im still 19, I said not worth it and would rather save up some more to buy a track bike and keep it as a hobby.

***Some riders passed us while I was on the grass with my friend as we stayed until the ambulance showed up - May 19th 1pm Steeles and Islington if anyone remembers.

Ride Safe and invest in a camera as you never know what you'll capture.
 
After spending some time lately riding in Ottawa, I think I'll start recording when I'm out in the dense urban areas.
Glad you're ok OP
 

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