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Yea, so a motorbike crashed into me last night (pg. 4)
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| Swamper |
| quote: | Originally posted by ChemEnhanced
There is no U-Turn Signal at any intersection I have ever been at....maybe a left hand turn signal but not a U-Turn signal. |
There are some in Toronto, including one on Spadina (going North) |
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| slingshot |
| quote: | Originally posted by Swamper
There are some in Toronto, including one on Spadina (going North) |
i made use of that u-turn this past friday.
stupid no right turn onto spadina when exiting from the gardiner :whip: |
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| Elendil |
| There most definitely are Uturn signals. You haven't driven on Spadina, it seems ;) |
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| Jem_hadar |
| quote: | Originally posted by Elendil
There most definitely are Uturn signals. You haven't driven on Spadina, it seems ;) |
yes, but REGARDLESS, the point still stands. He is STILL at fault.
He had to pass through their line of traffic and he got hit (even if the way *looked* and *was clear at that moment*).
But obviously before he could complete his turn, it wasnt clear, as he got it.
Scott was simply saying, be it a LEGAL U-turn or a LEGAL left-hand turn, if you get hit by a driver in that situation, then you are at still fault.
That the turn was legal means nothing. You should never have been in their path if you couldnt leave it safely (... he had *judged* that he thought he could, but it turns out he couldnt have.) |
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| MarkT |
to simplify...
I haven't read all the replies, but from scanning, didn't read anything about witnessess...
if you're making a U-turn (or any turn for that matter), you're *always* at fault if someone driving straight hits you...unless YOU can prove otherwise (such as having a 3rd party witness).
D!abolic's only hope would appear to be having eyewitnesses to substantiate that the motorcycle driver did something illegal (and even then, that's by no means a guarantee)...otherwise he's outta luck from the info he provided. |
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| Elendil |
| I Understand what you are saying, but I don't understand how he could possibly be at fault if it was at a Uturn signal. there is NO OTHER TRAFFIC supposed to be moving through the intersection aside from those making U TURNS. Thats like saying if someone sideswipes me as I turn through an advanced green, its my fault. |
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| Jem_hadar |
| quote: | Originally posted by Elendil
I Understand what you are saying, but I don't understand how he could possibly be at fault if it was at a Uturn signal. there is NO OTHER TRAFFIC supposed to be moving through the intersection aside from those making U TURNS. Thats like saying if someone sideswipes me as I turn through an advanced green, its my fault. |
I didnt realize this facet of your point (that there was a signal, ie. that YOU had a green light to go make a left u-turn, but other through traffic had a RED light!
If this was the situation, with the lighted u-turn, then I'd assume he wouldnt be at fault.
Did he say if it was a lighted u-turn, or just that it wasnt an area where making was illegal? |
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| Cosmic Fur |
| You guys are arguing over nothing, as d!abolic never stated he was making a uturn on a uturn signal, and considering the amount of uturn signals that there are, it's safe to assume that he wasn't. |
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| MarkT |
| quote: | Originally posted by Elendil
I Understand what you are saying, but I don't understand how he could possibly be at fault if it was at a Uturn signal. there is NO OTHER TRAFFIC supposed to be moving through the intersection aside from those making U TURNS. Thats like saying if someone sideswipes me as I turn through an advanced green, its my fault. |
the other driver can simply say "um, I had a green light, I have no idea what he's talking about"
i.e. without witnesses, it's his word against the other driver and the driver turning always loses.
if D!abolic was smart, he'd have immediately sought a witness to substantiate that he had a U-turn signal. The collision centre, or a cop arriving on the scene later, has no way of knowing the status of the traffic lights at the time of the accident.
since he didn't (AFAIK) mention anything about witnesses, I'm presuming there aren't any.
This is all for the purpsoses of traffic violation/criminal charges...the insurance guys on here can comment on the insurance end of it, because AFAIK, even if the police don't charge you, the insurer can still deem you partially at fault (or since we don't use percentages in Ontario, again AFAIK, "equally" at fault) and you're screwed from the insurance end of it. |
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| LucasMead |
| asounds like fun |
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| Jem_hadar |
| quote: | Originally posted by Cosmic Fur
You guys are arguing over nothing, as d!abolic never stated he was making a uturn on a uturn signal, and considering the amount of uturn signals that there are, it's safe to assume that he wasn't. |
I agree. |
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