Quote:
Originally Posted by 500k_93_civic
the guy turning is at fault.
like i said, PM spoc. hes a cop.
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AHHAHAHHAHAHAHH!!!!! I almost fell off my chair when I read that quote.... Kudos!!!
ANyhow, been away for some time, and I only just got the PM now. Sorry... But I am glad to see that I am not forgotten. HAHAHH!!!
Anyhow, in regards to the ticket / accident... Everyone here seems to have already given you the correct advice... One small amendment.... Police do not determine 'fault', insurance companies do. And we all know how they like to bleed you for every dime they can for any reason...
As for HTA violations... The guy turning can only make the turning manuever if it is safe to do so. It doesnt matter if you were speeding and ran a red light, the guy turning can not enter/cross your lane if it is not safe to do so. So he should have been charged with "Turn not in safety/ Improper turn." This would indicate to the insurance companies that he was the one who moved his vehicle into the path of the other and responsible for the resulting collision... That being said if you did run a red you too can be charged for offence of failing to stop for the red light, and same goes for running a yellow (its the same fine/points). Unless there is an independant witness who can say when your vehicles entered the intersection and if the light was red before you did so, it's going to be up to the involved persons (your word against his) to say where your vehicles were prior to the light turning red. Your passengers dont count as 'independant' witnesses....
Regardless, the other guy is 'at fault' for the accident. In summary, there is no such thing as 'the right of way';
if the movement can not be made in safety its a 'violation' as per the HTA.