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How to Contest a Ticket and who's at fault in an Accident
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How to Contest a Ticket and who's at fault in an Accident.
What do you do, when you find yourself standing in the middle of an intersection, your car smashed, and a bunch of gawkers pointing and blaming you for something that - as far as you know - wasn't your fault? Then, imagine the police arrive, and side with the "presumptive innocent" party because a couple random people on the street said so?
Charged with Careless Driving, this Brampton citizen luckily has one ace up his sleeve to prove his innocence, this dash cam video. He tried to show it to the police but they weren't having any of it and charged him anyway.
See for yourself, what do you think; Who's at Fault Here?
Based on the evidence, you'll have to come to the conclusion that the female driver of the opposite car is clearly at fault. Fault in this case, should be deemed to be on the person who did not have the right-of-way. The crux of the argument that takes place here is that the female driver apparently has a green arrow, and the driver of this vehicle has a red light. Let's proceed piece by piece to really examine the facts and the evidence, because when it comes to court, it doesn't matter what actually happened, the truth is irrelevant when someone is accusing you of something you didn't do - unfortunately, it's what you can prove that counts.
Green light during moment of impact - airbag deployment
Based on the video evidence, it is possible to grab a still-frame, where at the moment of impact, you can clearly see the light for this driver is definitely green. That's not to say the female driver doesn't have a green arrow though, maybe she does, we cannot prove that. But let's go on, because if we assume perhaps (somehow) they both had the green light and green arrow, then the right-of-way rules fall back to the very basic principles out of the drivers-ed handbook:
"When turning left, you must yield the right of way to any vehicles coming toward you if they are close enough that your turn would interfere with them."
That seems pretty simple, the female driver is the one turning left at a T-intersection, therefore she is legally supposed to yield the right of way to oncoming traffic. The above pic shows the perspective of the female driver, she clearly should have yielded the right of way to oncoming traffic. The below map shows an aerial view of the same.
In fact, if you examine the position the cars have collided in, it's blatantly obvious that the driver turning left, smashed into the driver going straight. So at best you could question the light signals, but we already established from photo evidence that this driver had a green light - beyond any reasonable doubt.
Dear Brampton Citizen, feel free to use this in court. Hope you win, you are without any doubt, innocent. Give them the benefit of the doubt, perhaps they're all confused. When you request the discovery file, evidence against you, make sure you send a copy of this video to the crown prosecutor, give them a chance to correct their mistakes first.
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