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Old 01-12-2010, 03:45 PM   #1
hockeyfan27
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Watch those left turns...you're always at fault!



Quote:
The Ontario Court of Appeal has upheld a $17-million award - the largest personal injury award in Canadian history - to a young man who was seriously injured in an automobile accident in June 2000. Rob Marcoccia, 20, was driving straight through an intersection on the red light when he collided with an oncoming furniture truck making a left turn. Marcoccia suffered serious and permanent injuries, including profound brain damage, and will require 24-hour care for the remainder of his life.

The lower court decided that the truck driver was 61-per-cent at fault because he was making the left turn and Marcoccia was 39-per-cent to blame because he sped up instead of stopping when he saw the amber light.

The defendant's truck was insured for relatively low limits, and the primary insurer settled for policy limits and partial indemnity costs, about $1.25 million in all. The furniture company had already agreed to pay $1 million. The remainder of the 61 per cent was to be paid by Ford Credit, the owner/lessor of the truck.

Ford Credit argued that it was "perverse" for the jury to find the driver of the truck at fault and to award so much for Marcoccia's future care. At the time, Ontario's "joint and several liability" doctrine made the leasing company jointly liable with the driver, so the majority of this award fell to Ford Credit. Ontario and several other provinces have since introduced a damages cap to insulate vehicle lessors from deep-pocket exposures like this.

It is likely that this case will find its way to the Supreme Court of Canada.
Even though the driver speed up to make an amber light and still blew the red light he was only found 39% at fault.
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Old 01-12-2010, 03:59 PM   #2
europrince
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Severe example of a rule every driver should know. Left turn drivers are always at fault. Take extra care.
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Old 01-12-2010, 04:28 PM   #3
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thats insane, driving is just getting crazy, even in the few years ive been driving , theres so many technicalities (sp) to worry about while driving its almost a distraction in itself
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Old 01-12-2010, 05:03 PM   #4
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My left turn peeve is that (correct me if I'm wrong) when I'm making a left hand turn, and someone in the opposite direction is making a right hand turn into a two land road 9/10 times the other driver usually cuts me off and/or nearly collides with me. Everyone seems to turn into the 2nd lane over instead of the immediate lane. I really want to start drivin a POS around and letting these ppl sideswipe me and make lots of money off it, just settling out of insurance, and never fixing that dented right side!

Seriously I can't take how bad the drivers here are anymore.. I'm willing to move to a different country just due to bad drivers and the congestion.. We REALLY need a new licensing system. A heavy crackdown on the idiots who can't follow the basic rules of the road instead of all the concentration on speeders would be good too..

-James
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Old 01-12-2010, 05:21 PM   #5
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^^ I've said this before. We don't need a new licensing system. What we need is better driving education and more realistic tests. Not the stay-6-seconds-away-from-everyone tests we have that just aren't realistic. Throw in some fast manouvering, etc. Stuff they do on Canada's worst driver. They think that by teaching uber-safe driving that the drivers are safe. It's quite the opposite. If you're always driving like that, when something intense comes up you just freeze. You don't know how to react quickly if you don't practice.
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Old 01-12-2010, 08:22 PM   #6
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Quote:
Originally Posted by dephrag View Post
My left turn peeve is that (correct me if I'm wrong) when I'm making a left hand turn, and someone in the opposite direction is making a right hand turn into a two land road 9/10 times the other driver usually cuts me off and/or nearly collides with me. Everyone seems to turn into the 2nd lane over instead of the immediate lane. I really want to start drivin a POS around and letting these ppl sideswipe me and make lots of money off it, just settling out of insurance, and never fixing that dented right side!

Seriously I can't take how bad the drivers here are anymore.. I'm willing to move to a different country just due to bad drivers and the congestion.. We REALLY need a new licensing system. A heavy crackdown on the idiots who can't follow the basic rules of the road instead of all the concentration on speeders would be good too..

-James
In this situation, if all lights are green, the person making the right turn has the right-of-way anyway. Even if he did do an illegal lane change the person making the left turn would be at fault.
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Old 01-13-2010, 11:24 AM   #7
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Always get a witness

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Originally Posted by radi0activem View Post
In this situation, if all lights are green, the person making the right turn has the right-of-way anyway. Even if he did do an illegal lane change the person making the left turn would be at fault.
100% right. Even if the lights are in your favour and with witnesses the best result you could hope for is 50/50 fault (both at fault). Doing a right on a red is not illegal. Paint markings are NOT binding unless there is a black and white sign that says "OBEY ROAD MARKINGS". (disclaimer: if you are all over the road ignoring the paint cops can still give you a plethora of tickets).

Sideswipes are the 2nd worst type of collision (next to parking lot) Usually both drivers say the other came into their lane and the claim gets rated 50/50

Regardless of what the other driver is saying at the time - ALWAYS GET A WITNESS and take pictures of where the debris lies on the road before the tow truck drivers sweep it away! Stories change once people hear the consequences to their policy and premiums.
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Old 01-13-2010, 03:57 PM   #8
Jim .E.
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i always thought it was common sense. left turn you WAIT until it is safe to do so.
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Old 01-14-2010, 05:34 PM   #9
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So the key point to avoid liability is to lease a car ? I love reducing responsibility.
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Old 01-15-2010, 12:03 AM   #10
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Originally Posted by dgmorr View Post
So the key point to avoid liability is to lease a car ? I love reducing responsibility.
it just means there are more people to sue!
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Old 01-15-2010, 12:47 AM   #11
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The fact that he ran amber light, that is where he paid his price. When you fly by on amber light, the person making a left turn will most likely complete the left turn on red. This is where the traffic camera may catch him as well. Some people are just too selfish and do not think about it. I so often see shitty driver running a very late amber light. I hope those 20 seconds are well worth it for him.
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Old 01-15-2010, 10:00 AM   #12
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how about if your making a left turn and there are 2 lanes in the oncomming. the guy in the closest lane stops, the light is fully red by then, and then the douchbag behind him decides its not a good day to stop, changes lanes and runs the red. whos fault is that?
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Old 01-15-2010, 10:36 AM   #13
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What is difficult is proving he blew the light. Common sense says the guy that ran the light is at fault, but if there is any discrepancy (he says it was amber when he entered, witnesses only looked after the noise) you most likely get a split fault - 50/50.
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