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Another cyclist hit in Toronto - can you help?

ravinjunkie

TRIBE Member


I know a lot of you have offered to help, so if you could please just SHARE this photo and get the word out there it would be very much appreciated!

At the scene of my accident the cop only took the statement of the truck driver who claimed that I had run a red light and was in the wrong. I was in shock and too much pain to give a statement at the scene but even though the officer came to the hospital afterwards, I was never asked to give a statement. He told my family that the driver had said it was "her fault. So unfortunately the case is closed." And now, conveniently, he is on vacation!

Well I'm not a rich girl; I have a ton of student loans, I live on my own and now I'm unable to work too! The lack of sympathy shown towards me is astonishing, to say the least. I refuse to stand (or lay) idly by with this injustice.

I now have an accident lawyer and will be following up with the investigating officer as soon as possible. In the mean time, I am trying to find any witnesses willing to make a statement regarding the actual events that led up to the accident. So please help me get the word out!

Thanks again for all the love and support!!
Much love, Fox
xoxo
 

kyfe

TRIBE Member
Ok these types of victim complaints are silly, uninformed and uneducated. It doesn't matter who is at fault there is a higher responsibility placed on the driver of the vehicle, unless she was charged I fail to see her point about fault as really in her case it does not matter.

If she is unable to work she has access to Benefits to supplement her income up to $400 per week and attendant care which in her situation would be available up to $3000 monthly if she needs assistance, she may also have access to Housekeeping. This is regardless of if she has her own auto insurance if she has no priority access she can claim under the drivers insurance policy and receive the same.

As for the injustice I fail to see that being the case, as for witnesses they may be on the police report (not the partial but the full report which she would likely not have at this time). Queen and Bathurst may have cameras and she should have her solicitor contact the city to see if that's the case.

She should really leave the investigating to her solicitor, her canvassing witnesses will do nothing, if they are on the police report great, if not I have no idea how the courts would view the validity of a witness after the fact although I would imagine 911 records would clarify if anyone called it in and her lawyer would be able to access the witness information via an FOI request.

If an unfortunate situation but no where near an injustice
 

the_fornicator

TRIBE Member
I have no idea how the courts would view the validity of a witness after the fact
They still hold up as far as my friends' experience go.

I know a couple friends who were involved in hit and runs. Nobody stopped to help or anything at the time. Both friends put up signs at the intersections where the accidents happened canvassing for witnesses. 1 friend got lucky and two witnesses called in after reading his sign. The second friend followed the same strategy after he was involved in a hit and run and it turned out well for him as well.

A couple friends had people call them back apologizing for not stopping because they were in a rush/late to work/etc.. The witnesses went to the police station to file a report and everything in my friends' favour and it ended up leading the police to the culprits.

Some people can't afford to stop for whatever reason, but are more than happy to help after. I've never heard of a witness being dismissed after the fact.
 

kyfe

TRIBE Member
Some people can't afford to stop for whatever reason, but are more than happy to help after. I've never heard of a witness being dismissed after the fact.

Glad to hear there are still good people out there, given my expertise and profession I stop for everything and at least ask if I can assist (I'm also fully certified 1st responder).

As for your comment that I quoted it concerns me. thought I'm not targeting you specifically just the comment. It is a criminal offence to fail to remain and a HTA offence to fail to report. If you make contact with another vehicle you have a duty to communicate as per the below with the involved parties, taking off can land you in very hot water.

The Criminal Code of Canada states;
Every person commits and offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with another person, vehicle, vessel, or aircraft, and with the intent to escape criminal civil liability, fails to stop the vehicle and give his or her name and address and, where any person has been injured or appears to require assistance, does not offer assistance.

The penalty for fail to stop at the scene of an accident under the criminal code where the accused is found guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years in jail, or is guilty of an offence punishable on summary conviction (fines and/or jail).

If found guilty of fail to stop under the Criminal Code of Canada, the Judge may suspend the drivers licence of the accused may be suspended for a period of three years or more. A conviction for fail to stop at the scene of the accident will dramatically affect the insurance rates by thousands of dollars per year.

Failure to stop at scene of accident - Criminal Code of Canada section 252
252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

(a) another person,

(b) a vehicle, vessel or aircraft, or

(c) in the case of a vehicle, cattle in the charge of another person,

and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment
(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

Offence involving bodily harm
(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Offence involving bodily harm or death
(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

(a) the person knows that another person involved in the accident is dead; or

(b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.

Evidence
(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.
 

acheron

TRIBE Member
yeah cops are always asking for "the public's help"... anyone having witnessed this and that at this intersection pls. come forward or call 222-TIPS etc...
 
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kyfe

TRIBE Member
yeah cops are always asking for "the public's help"... anyone having witnessed this and that at this intersection pls. come forward or call 222-TIPS etc...
that's different though, as it's not the victim who is canvassing it's an impartial third party. Either way I doubt it would be much of an issue.

Bathurst and Queen, one would expect a few witnesses at that time of day.

Oh and tell your friend she screwed up my commute home that night :D
 
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mingster

TRIBE Member
i've never had that kind of injury, so i will admit lack of experience. but it seems like a lot of blood for someone being treated in the hospital. just wondering why that shit's not under control. doesn't look normal.
 

spaboy

TRIBE Member
If an unfortunate situation but no where near an injustice
Somebody is seriously injured by a person operating a motor vehicle. And it's just brushed off as the cyclists fault. I see where her discontent comes from. If that was a 10 year old walking across the street in a school zone, this guy would be is some serious trouble. The problem is, cyclists are viewed as second class citizens on the road. There should be no difference in how both situations should be handled but there clearly is.
 

acheron

TRIBE Member
You know sometimes it actually IS the cyclist's fault. There's this holier-than-thou attitude that pervades the cyclist-versus-traffic situation. People forget sometimes that cyclists actually do have a much better view of their surroundings than other users of the road, and not only that, they are frequently much more maneuverable and able to react quicker than other users of the road. So when balancing fault in accidents, a prudent observer will take this into account. At the moment all WE have is the view of the cyclist. We don't have any other evidence, either from witnesses or cameras or whatever. So to my mind at BEST it is a situation where neither of them is at fault and it is simply an unfortunate accident.
 
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kyfe

TRIBE Member
Somebody is seriously injured by a person operating a motor vehicle. And it's just brushed off as the cyclists fault. I see where her discontent comes from. If that was a 10 year old walking across the street in a school zone, this guy would be is some serious trouble. The problem is, cyclists are viewed as second class citizens on the road. There should be no difference in how both situations should be handled but there clearly is.
with all due respect you have no clue what your are talking about nor do you understand how the law is applied in this situation.
 

solacevip

TRIBE Promoter
This is why I don't ride a bike in this city.

Why is she covering her face in the picture?

and truth be told, in 2012, I was operating a motor vehicle where a pedestrian was involved and collided with my car.

Cops came...and ambulance.... It was determined I was not at fault.

One would easily assume I would be the one at fault.

Stay safe out there Toronto....
 
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kyfe

TRIBE Member
This is why I don't ride a bike in this city.

Why is she covering her face in the picture?

and truth be told, in 2012, I was operating a motor vehicle where a pedestrian was involved and collided with my car.

Cops came...and ambulance.... It was determined I was not at fault.

One would easily assume I would be the one at fault.

Stay safe out there Toronto....
just to clarify the police don't determine fault, you would likely be considered at fault at the onset until your insurer determined otherwise and would adjust accordingly.

I've dealt with situations in the past where people run out in front of cars or into cars which sounds similar to your situation. It does happen but fault is almost always applied to the driver at the onset and once the police witnesses and involved parties reports are reviewed a final determination is made.

Car Insurance - Who is at-fault for an accident involving pedestrians?
 

kyfe

TRIBE Member
With so much ambiguity in this case, I don't know what makes you say that. Just that people are getting hurt?
I think it's the complete lack of respect and education both cyclists and drivers have for eachother. This is just another case.
 
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the_fornicator

TRIBE Member
As for your comment that I quoted it concerns me. thought I'm not targeting you specifically just the comment. It is a criminal offence to fail to remain and a HTA offence to fail to report. If you make contact with another vehicle you have a duty to communicate as per the below with the involved parties, taking off can land you in very hot water.
I know that bit and no worries -I'm on the same page as you. It's as bad, under the Law's eyes, for a witnesses to leave the scene of an accident as it is for anybody involved in the collision without first exchanging information.

With that said, I understand the necessity to leave as well and I've done it, however, I've given people my business card first before leaving.

Not likely, but possible, if someone has a relative in the hospital, kid on the way, etc., whatever emergency, whether I agree with the law or not is irrelevant, but I get it.
 

solacevip

TRIBE Promoter
With so much ambiguity in this case, I don't know what makes you say that. Just that people are getting hurt?
yes...

I see too many stupid cyclists (running red lights, not stopping, wearing complete black at night).

I see too many stupid drivers (not giving bikes enough room, opening doors when cyclists pass)....

.... I'd rather NOT ride a bike in this city and risk the injury.
 

solacevip

TRIBE Promoter
I've dealt with situations in the past where people run out in front of cars or into cars which sounds similar to your situation. It does happen but fault is almost always applied to the driver at the onset and once the police witnesses and involved parties reports are reviewed a final determination is made.
Exactly.....almost always applied to the driver...
 

kyfe

TRIBE Member
I know that bit and no worries -I'm on the same page as you. It's as bad, under the Law's eyes, for a witnesses to leave the scene of an accident as it is for anybody involved in the collision without first exchanging information.

With that said, I understand the necessity to leave as well and I've done it, however, I've given people my business card first before leaving.

Not likely, but possible, if someone has a relative in the hospital, kid on the way, etc., whatever emergency, whether I agree with the law or not is irrelevant, but I get it.
LOL sorry I just realized you were talking about witnesses
 

Fillmore

TRIBE Member
I think it's the complete lack of respect and education both cyclists and drivers have for eachother. This is just another case.
This. I drive to the core fairly often and I see drivers and cyclists and even worse, pedestrians giving no respect to right of way at all. People in the core seem to stop thinking when they get there.

Everyone has a false sense of entitlement which means when an accident does occur, its never anyone's fault.
 
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