I'm a crash test dummy! Totaled my 3 last week...

[Edmonius]

So I was going to work on Esna Park last Thursday, on a green light going through the intersection at Alden Rd, when this lady in the oncoming left turn lane (on her phone) decides to turn in front of me. Anyway, checkmate. Hand on the horn, clutch in, flat out on the brake, but I never really had a chance on this one.

Came out fine though, even though my hand was on the horn when the airbag blew. Weirdest darn thing!

So...I'm picking up an MS3 tomorrow. =)

[baymoe]

That looks brutal. Good thing you're alright to type this . I was almost in a similar incident heading southbound on Esna Park at IBM drive. Some dickwad decided to turn when the light was clearly green. Swerved and missed him by inches.

Btw, congrats on the new vehicle.

[masterballer]

Glad your ok...i would have thought there to be more damage to the frame, how fast were you going?

PS. Nice colour choice, i have the exact same car

[deedotpee]

whats gonna happen with the car? u should sell it for parts. dibs on the front Mazda logo lying on the floor!

[SonicBoy]

whats gonna happen with the car? u should sell it for parts. dibs on the front Mazda logo lying on the floor!

Ahm, that looks like the Nissan grill from the other car

[aris]

sucks man

[BETRTHNU]

Glad to hear you're ok. Did the police charge the other driver with anything?

[Wild Weasel]

Umm... congrats on getting the MSP?

[3GFX]

Wow glad your ok. Car held up decent.

[sp3GT]

Just wondering, did you come across any problems with insurance with those mods?

[LockOut]

Glad to hear you're ok, man. That's brutal, but good to know that the car is safe enough that you can walk away from that. Looks like you musta hit the other car pretty good. Keep us updated on everything that comes out of this.

[zedtech]

Glad to hear you're ok. Did the police charge the other driver with anything?

Most likely the other driver was deemed at fault since she was making the left turn when it wasn't safe to do so. At least I hope that's the case

Left-turner faces onus since there's always choice
Eric Lai
Toronto Star
May 17, 2008

Q: I feel I have been unfairly blamed for a left-turn collision caused by an oncoming through-driver who ran a red light.

What are the insurance industry's fault determination rules for a left-turn collision at an intersection? What does the law say about such situations?

A: James Geuzebroek, media relations manager for the Insurance Bureau of Canada, replies:

According to our auto insurance experts, the problem is anyone making a left turn basically has no right of way and can only proceed when it is clear and safe to do so. It is almost impossible to prove an oncoming vehicle went through a red light without an independent witness, and even so, the turning driver still bears liability as they should have noticed the oncoming vehicle wasn't slowing down.

In rare instances, there may be a finding of 50/50 fault, but as a rule, the left-turner will almost always be found at-fault for a left-turn collision at an intersection.

Eric Lai adds:

Under the provincial Highway Traffic Act, a left-turning driver involved in a collision may always be charged – even if the oncoming through-driver runs a red light (who may then also be charged).

According to police, the traffic light colour at the time usually cannot be definitively proven, but vehicle position and damage will normally substantiate charges of "left turn – fail to afford reasonable opportunity to avoid collision" under section 141(5) HTA and/or "turn – not in safety" under section 142(1) HTA.

In cases involving serious injury, death, impaired driving or criminal activity, prosecutors may opt to lay criminal charges instead.

By law, a left-turning driver in an intersection may only complete their turn when it is safe to do so. This obligation remains in place even if the light should then turn red. (At which time, under section 144(8) HTA, the onus shifts to other road users, who, despite facing a green light, must yield the right of way and allow the trapped turning driver, who had lawfully entered the intersection on a previous green or amber light, to complete his/her left turn before proceeding.)

That is, the law never compels drivers to turn and cause a collision in order to beat the light. Rather, it places the onus on the turning driver to always ensure that the manoeuvre is completed in safety with due regard for other road users and pedestrians.

Note that section 144(8) HTA does not require motorists to yield to unlawful road users, such as drivers who jump a light changing from red to circular green and turn left before oncoming through traffic, also facing a green light, has a chance to start moving forward. This action is an offence under section 3(8)(iv) of Ontario Regulation 455/07, the new street racing/stunt driving legislation. The violator's vehicle may be impounded and licence suspended, both for seven days, and there's a fine of up to $10,000 upon conviction.

If instead there's an advance green involved and the violator turns after it expires, before stopped oncoming traffic can proceed on a circular green, it would be "fail to yield to traffic" under section 144(8) HTA.

A stopped through-driver in the scenarios above, though legally permitted to proceed on a green light, must ensure their actions do not cause a collision. If he/she opts not to yield to the unlawful left-turner, proceeds into the intersection, and an avoidable crash occurs, the driver may possibly be charged with "start from stopped position – not in safety" under section 142(2) HTA.

[Gizzmo_jr]

Not to be rude, but I'd like to hear the Insurance company and the situation with the modifications. More importantly thou, that you safely walked away from the accident.

[mleblond]

Umm... congrats on getting the MSP?

Whats a MSP?

[Gizzmo_jr]

MSP = Mazdaspeed Protege

[mleblond]

MSP = Mazdaspeed Protege

Oh, I thought he was getting a MS3?

[Gizzmo_jr]

That's what it says in the OP but iunno what WW is talking about

[bhrm]

I hate driving in Markham.

I lost count how many times I've dodged, slammed brakes, honked, and all those near misses. Only a matter of time....

There's a reason why insurance is higher in Markham.

[bhrm]

Just saw the cell phone bit.

Wonder if its possible to prove she was on a cell phone by her call records and use that against her?

Cell phones + driving = bad news.

[WeatherB]

Ouch, glad you're okay.

Did you get a witness? Crazy what people can get away with, but I think your case is pretty clear cut since (based on what I've read) it is always the fault of the person making the left turn.

[Wild Weasel]

That's what it says in the OP but iunno what WW is talking about

My bad. Meant MS3.

[huyzel]

oh damn... glad to hear you made it out okay.
congrats on the MS3!!!

[openuser]

Sorry for the loss...
Congratz on the gain!
I'm sure you'll like the MS3!

[Edmonius]

Thanks guys! Picked up the MS3 this afternoon, and promptly drove it for 4 hours. It's incredible! I shall name it...Stig!

As for the insurance claim and everything, they sorted me out within 3 business days of the accident and paid out the value of the car, sans modifications. Never had any issues with the CAI or any of the other bits.

The other driver was charged with unsafe left turn and something else. I can't quite remember what else since I was pretty staggered that I wasn't hurt. There were a lot of witnesses on hand, so the cops got a lot of incriminating statements on the other driver.

As for the car itself, I can only presume that it's been stripped of what can be sold off, and is well on its way to becoming a little red Borg ship. =(

[mogul_pro]

wow hand on the horn and everything... really glad to see your okay i was worried when I skipped what u wrote to see the pics b4 I read it...

well... you are getting a better car because of it so hoping it doesnt screw your financial situation your walking away from it with a better car... congrats!