Ludecrew

Allright heres the story:

Statement :

Accident took place on May 17th @ 12:30 AM, outside 4238 85 St., Millbourne Road. Mike McCrea proceeded to move his 350Z southbound, beside the car parked in the middle area of the road (this car also facing southbound, with lights off). Matt Piasecki’s Accord also facing southbound proceeded forward on the wrong side of the road (east side of street), and cut Mike McCrea off, by moving ahead of the car parked in the middle to the west side of the street.

As well, Matt Piasecki claimed that the tire marks on the road were left by Mike, which was not true as I saw those tire tracks there at the time I arrived at the party, 7:30PM May 16th. These tracks clearly weren’t mikes as he was parallel to the curb when he began to move his car southbound.

Attached Diagram below

Addition: Okay the guy who hit me is saying he has whiplash and trying to sue me. Also I was given a reckless driving ticket the very next morning after I went to the cops last. He was basing this on tire track pictures his parents took the next day. Anyone have any legal help?? plz email me at mikemc@shaw.ca

Ludecrew

there was 6500 CAN in damages

i also have a lawyer working on things and 2 witnesses

ares

iTrader: (2)

I dont follow, how were you at fault? seems like your talking a 4 lane street, car stalled? in the left lane. you pass on the right, the other guy goes to the left(over the yellow line)you both merge back into the left lane and collide.

am I missing something?

Ludecrew

that is a residential street.. there was 2 cars in the middle of the street stopped, with their lights off i went forward to move my car and the guy cut me off... hes saying i went up on the curb and hit him or somethin

Ludecrew

those 2 cars in the middle were at a party and im assuming they were looking for somewhere else to go


the guy is saying he was parralel parking and i went on the curb and somehow hit him...... and hes sueing for whiplash,, prolly to scare me.. hes some punk HS kid

SirZaLot

iTrader: (1)

What is HS kid?

SirZaLot

iTrader: (1)

Sometimes the curb is higher than a sports car's bumper, if that's the case, you couldn't go over the curb. Go back and check it out.

hypersonicaz

I believe he means a High School kid.

Ludecrew

its a rollover curb.. older styles

VandyZ

iTrader: (2)

Man this is total crap. Where did you impact his car? Would that impact cause whiplash? From the looks of it you just nudged each other. The safe bet is no fault as you were both avoiding a unoccupied vehicle. Was this street divided by markings? Some residential streets are not marked with lanes, but if it was take a picture of that and have them issue a ticket to the other guy. If you both have tickets then it is harder to determine fault in this situation. As long as you have the ticket, you are pretty much screwed. You should have gotten the plate of the parked vehicle. Get him a ticket too.

ShermanA

I'm a lawyer, but in Ontario not Alberta. I am not sure I have your story straight. When you say from the " on the wrong side of the road" do you mean from the on-coming lane? Or is it a multi-lane one-way street?

Anyway, in Ontario, where you both collide while trying to merge in the same lane each of you would be apportioned 50% liability (according to our "Fault Determination Tables").

As for whiplash, are they still using that old term in Alberta? If your province does have no-fault legislation it probably means that the right to sue is nullified unless some specific standard is exceeded (i.e. catastrophic injuries). Whiplash was one of those oldies but goodies that were used because it was impossible to prove if you had it because the injury was considered a "soft tissue" injury (i.e. muscular in nature, so wouldn't show up on x-rays). Also, whiplash is usually claimed as a result of a rear-end accident, not a side-impact.

For the ticket, I would just hire one of those paralegal firms. The whiplash claim sounds like it is without merit.

Cheers,
Sherman

bobbyz

iTrader: (1)

ShermanA,
Maybe you can help me out as I'm in Ontario. Here is the situation. I am in the right lane stopped behind two cars because a bus is stopped at a bus stop and while I am patiantly waiting for the bus to get passangers and go, I am smacked from behind from a girl who is spaced out, not paying attention and pushed into the car in front of me. She totally admits fault. Cop came to the sceen and said the girl who hit me could have been charged with a couple of things, but he charged her with "folloing to closely" because it carried the lesser penalty and she is a student and had never had an accident or gotten a ticket blah blah blah. Obviously, her insurence is covering my deductable etc. since she was charged, but there is very small damage to the rear bumper of the car that I was pushed into. Who is at fault for that? Am I going to get screwed by my insurance company even though I did nothing wrong? Best is that the person that I was pushed into said she might be injured. I was smashed from behind and she was tapped and SHE is injured. She eventually said she was fine after the paramedic said that they may have to take her to a hospital out of the city due to SARS.
Thanks

ShermanA

BobbyZ,

You should be okay.

The Fault Determination Tables I referred to in my earlier post are with respect to apportionment of blame from the perspective of the insurance companies . And, where you get rear-ended, the person doing the rear-ending is always 100% at fault (it doesn't even matter if the person they were following rammed on the brakes for no reason) because, the person behind should be following far back enough to avoid the accident.

In your case, since you were the one rear-ended in the first place, any subsequent accident that happened as a direct result of the your being rear-ended is not your fault and should not be attributed to you. Without resorting to legaleeze (i.e. "chain of causation", "proximate cause", blah, blah, blah), her rear-ending you caused a chain reaction in which you hit the person in front of you. Ergo, her fault, and you should not be apportioned any blame by your insurance company.

Just to be sure, I would check with your insurance company. If they want to apportion blame to you, you can fight it.

Hope that helps.

Cheers,
Sherman

salphonso

I know that investigations can be done that can determine angle speed to replay the whole accident. How much it will help, I dont know. But I would get it investigated down to the last detail. And also a cop can not give you a ticket and stand by it in court if he did not witness the act himself or if he does not have ligitiment proof. Atleast i think not 100 percent sure on that.