More dangers on country roads this time of year.

June 04, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Waterloo Region Record reported on an accident that occurred on Roseville Road near Fischer Hallman Road.  The motorcycle driver was attempting to pass a agricultural sprayer as it was making a left hand turn into a field.  The motorcycle driver was transported to hospital with a possible broken arm.  This accident had a number of factors for consideration.  A slower moving farm vehicle on the highway, the farm vehicle attempting to make a left hand turn and a motorcycle attempting to pass at the same time.  During the spring/early summer and fall it is not uncommon to have more farm vehicles driving on the local country roads as the vehicles move between and around fields for planting, harvesting and transportation of product to the local mill.  Many of these vehicles will be moving at a speed that is less than the posted speed limit for the particular road.  It is also possible that the farm vehicle may not have adequate signaling equipment or warnings to highlight the slower moving speed or whether they are making a turn.  The farm vehicle may not provide the operator with sufficient ability to be aware of the surroundings and other vehicles in the neighbourhood of the turn.  Left hand turns are also a very difficult issue on the roads.  At times drivers attempting to make a left hand turn have not taken the time to sufficient scan their surroundings to ensure that there are no potential hazards when making the turn.  This includes pedestrians, bicyclists and motorcycle riders.  This group is usually less easy to see or identify when a driver is in the middle of a turn.  They are smaller to see and their lighting apparatus (for bicycle and motorcycle) are less visible than a larger car.  A vehicle that is attempting to make a left turn is not without fault when it strikes a vehicle that is trying to pass on the left.  It is required by law that the left hand turning vehicle make that turn when it is safe to do so.  That means not only ensuring that there are no oncoming vehicles but that there are no vehicles coming from behind that could interfere with the left turn, like a passing motorcycle.  Under Ontario’s fault determination rule, in this fact scenario involving the farm vehicle and the motorcycle, both parties could be found to be equally at fault for the accident.  As always, it is important for all drivers to be patient, be aware of the surroundings and be extra cautious when making turns or passing other vehicles. This is especially true on the country roads and highways where slowing moving farm vehicles will be travelling.  It was a beautiful sunny afternoon with a very unfortunate outcome.

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.