Thread: Toronto Fixed
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Old 07-01-06, 10:52 AM
  #9671  
gboy
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Well, here's a copy of the email I sent to ARC...

I was involved in a collision at Yonge/Lawerence on the 30th of June, at ~18:00 hours whereupon I collided into a motorist's rear windshield after he had turned into the curb lane and stopped suddenly in my path; I was subsequently ticketed with the offence of "Faling to turn out left to avoid collision."

I think it was unfair to ticket me for such an offense as I had taken the middle of the curb lane to disuade motorists from passing me in such a manner. Furthermore, the traffic behind me in both lanes made it improbable for me to turn into the left lane to avoid the collision as I would have possibly been sandwiched or rear-ended. Thus, my reaction was to brake; which seemingly slowed the force of the impact, but my handlebars (with my arms attached) still went through the rear windshield. I think the main determining factor in this accident was the failure of the motorist to judge my speed, since I my position in the lane was clear.

The impact required paramedics on-scene and neccesitated me being driven to Sunnybrook Hospital for cleaning and the sewing of 18 stiches/staples.

Before I was driven to the hospital by parmedics I almost blacked out and was very faint from the blood loss. Around this time, the police questioned me about the details of the accident, and I was, truthfully, not very articulate about my actions or the behaviour of the motorist in question. I am wondering if the less than coherent statement led to my being ticketed, and if so, how can I remedy the situation. I am also curious if I can make a claim against the motorist's insurance in regards to my injuries and property damage (bike). What are my options?

The bicycle I was riding had minor damage to the right front handlebar and front fender, and the collision resulted in a rear flat tire. It was stored at the nearby firehall, where the police were professional enough to drive me back there to pick it up.

Sincerely,
Grigorii Boyko-Vekin
As an addendum: I'll quote HTA 148 (7), which I think applies in my case

Driver unable to turn out is to stop

(7) Where one vehicle is met or overtaken by another, if by reason of the weight of the load on either of the vehicles so meeting or on the vehicle so overtaken the driver finds it impracticable to turn out, he or she shall immediately stop, and, if necessary for the safety of the other vehicle and if required so to do, he or she shall assist the person in charge thereof to pass without damage. R.S.O. 1990, c. H.8, s. 148 (7).

Last edited by gboy; 07-01-06 at 11:03 AM.
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