Automotive

Almost got into accident today

  • Last Updated:
  • Jun 15th, 2019 10:36 am
Member
Sep 25, 2018
341 posts
689 upvotes
CanadianLurker wrote:
May 2nd, 2019 11:44 am
It looks like the scenario for both you and OP would fall under 10. (6) in the Ontario Determination Rules.

“If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is overtaking automobile “A” to pass it, the driver of each automobile is 50 per cent at fault for the incident.”

http://www.minkinsurance.com/Mink/media ... -CHART.PDF
Thanks! That's good to know. Now I always pay extra attention before turning into my driveway.

The pdf you linked is very helpful. I need to read it thoroughly.
Deal Addict
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Sep 9, 2012
3475 posts
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Oakville, ON
chimaican wrote:
May 2nd, 2019 12:35 pm
Always thought this rule was insurance BS. How is car A in front supposed to know dumb ass in car B is an impatient ass who will try to overtake on the same side that car A indicated they were going to turn? If car A has their turn indicator on, there is no question what car A's intention is.
Agreed. This one is pretty harsh on the turning vehicle. The flip side of this is that the person making the left turn needs to make sure it’s safe to cross over the adjacent lane to make their turn including being aware that a vehicle may be overtaking them. I can see that there might also be arguable points to who signalled first, speeds of the vehicle’s, etc. So to simplify it it they went 50/50.

So if they think there should be some shared responsibility I can see that, but 50/50 is too harsh IMHO. If it must be shared then I’d personally make it 75% on the passing vehicle and 25% on the left turning vehicle.
Deal Fanatic
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Oct 23, 2008
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Toronto (Markham)
CanadianLurker wrote:
May 2nd, 2019 5:02 pm
Agreed. This one is pretty harsh on the turning vehicle. The flip side of this is that the person making the left turn needs to make sure it’s safe to cross over the adjacent lane to make their turn including being aware that a vehicle may be overtaking them. I can see that there might also be arguable points to who signalled first, speeds of the vehicle’s, etc. So to simplify it it they went 50/50.

So if they think there should be some shared responsibility I can see that, but 50/50 is too harsh IMHO. If it must be shared then I’d personally make it 75% on the passing vehicle and 25% on the left turning vehicle.
But if they are already in the most left lane or the most left just to the right of centre, that would mean the overtaking car has decided to drive on the left side of the road meant for opposing traffic, so essentially the overtaking vehicle is driving on the wrong side of the road in the wrong direction. Again, I think the overtaking vehicle should be determined at fault (if not 75%) for that likely reason in addition for being aggressive. Just my two cents anyways.
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Deal Addict
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Sep 9, 2012
3475 posts
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Oakville, ON
chimaican wrote:
May 2nd, 2019 5:30 pm
But if they are already in the most left lane or the most left just to the right of centre, that would mean the overtaking car has decided to drive on the left side of the road meant for opposing traffic, so essentially the overtaking vehicle is driving on the wrong side of the road in the wrong direction. Again, I think the overtaking vehicle should be determined at fault (if not 75%) for that likely reason in addition for being aggressive. Just my two cents anyways.
Agreed. You’re right, but remember, this is Ontario where lane markings and centre lane markings are only “guidelines” and unless there’s a No Passing sign then the passing vehicle is allowed to pass. Sometimes the rules just don’t fit the day to day scenarios and this is one of those cases.
Newbie
Jun 8, 2019
73 posts
12 upvotes
GTA
CanadianLurker wrote:
May 2nd, 2019 5:38 pm
Agreed. You’re right, but remember, this is Ontario where lane markings and centre lane markings are only “guidelines” and unless there’s a No Passing sign then the passing vehicle is allowed to pass. Sometimes the rules just don’t fit the day to day scenarios and this is one of those cases.
Buy a front and rear dash cam. This should help.
Deal Guru
Jun 11, 2005
12832 posts
1639 upvotes
Toronto
Same situation in Markham. See it all the time. Especially pickup trucks and big black suburbans
Deal Guru
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Jul 12, 2003
10346 posts
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Markham
in GTA, everyone almost got into an accident everyday.
Nothing new.

That's why you have to pay attention to everything on the road, not just controlling your own car.
Retired Forum Moderator February 2009 - June 2015

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