Description of the accident:
Our client was approaching a "T" intersection controlled by a stop sign, driving at stem of "T", facing the stop sign. (See images below)

Road Conditions: extremely slippery.

Visibility Conditions: view of the main road obstructed by multiple parked vehicles and newspaper stands (see image below).

Road Level: main road curved right before intersection, with a 15% decline.

Other conditions: Playground zone on main road, ends 50 metres before the intersection.

Accident Data: after coming to a complete stop, our client was forced to "creep" into the intersection due to the obstructed view as described above. After checking the road and not seeing any oncoming traffic, she proceeded to turn left onto the main road.
As the road was slippery, the tires (new winter tires) began to spin and the vehicle proceeded to move, but at a very slow pace. While already 3/4 into the intersection our driver spotted a vehicle approaching on the left hand side. Our client did everything she could to ensure her vehicle continued to clear the intersection.

Point of Impact: Clients' vehicle was hit 3/4 of length driver side (absolute rear of side). The other vehicle was spun as a result of impact and thrown approximately 40 metres down the main road. There were no injuries or fatalities.

What did police do? Police lay charges and a fine for $ 185.00 dollars for careless driving when leaving the stop sign. Our client's insurance company WAS NOT pleased and the hike in the insurance rate was imminent. Our client was a very experienced driver, with many years of accident and ticket-free driving history.

What did we do?

1. Here is what we saw from our clients point of view:



2. Here is what we saw from the other driver's point of view:



3. Here is what was a deal breaker:



THE FOLLOWING IS THE LETTER WE PRESENTED TO INSURANCE COMPANY AND LATER TO TRAFFIC COURT:

Dear xxxxxxxxxxx,
Below are the results of our independent investigation of the accident, which took place on xxxxxxxxxxx and involved xxxxxxxxxxxxx (hereafter named Client), who was operating a vehicle insured through your company under insurance policy # xxxxxxxxxxx.

Please find attached photos from the scene of investigation, which provide visual aid to the statements made by the expert.

Description of the accident:
The accident took place at approximately 2:35 pm in residential area on a two-way (4 lane) road covered with ice, and in parts with snow. The Client was approaching xxxxxxxxxxx from xxxxxxxxxxx and was coming to a controlled intersection where the stop sign could be clearly seen from the Client’s point of view. xxxxxxxxxxxt does not have any degree of incline on approach to xxxxxxxxxxxx. The other vehicle was approaching the intersection moving West on xxxxxxxxxxx, having to exit a playground zone with a speed limit of 30 km/h, moving downhill on a slippery road, which curves to the right and was expected to proceed at a safe speed (approximately 30 – 35 km/h), given the road conditions and the above layout of the approach to the intersection.

The Client had to make a left turn. The correct stopping procedure requires the initial stop at 3 meters before the intersection. The Client stopped and then had to move forward for better view of the intersection.  The Clients view at a proper stopping point was severely obstructed by snow banks, a tree, parked cars and a newspaper stand.

After proceeding to achieve better view of the intersection, the Client began the left turn with a limited visibility of about 90 meters to the East of the intersection, where at the time were no vehicles in sight.

The driver of the other vehicle was able to see an intersection at about 140 meters on approach and, to our belief, should have been able to spot bright red roof of the Clients vehicle. At that point also the driver of the other vehicle was not able to clearly see if the intersection was controlled, since the viewpoint was at an angle being obstructed by a light pole. Under ATSA, the driver of the other vehicle was to slow down and proceed with caution, treating the intersection as uncontrolled and be prepared to stop since the vehicle on the right has the right of way at an uncontrolled intersection.
At the point where the Client was able to see the upcoming vehicle, she had already driven into the intersection and partially cleared it, with the front of the vehicle being pass the median dividing the road.

The driver of the other vehicle was able to avoid the collision by practicing caution on approach and considering the road conditions, strong downhill incline and road curve.

In Summary: The Client was not able to predict the appearance of the other vehicle and was acting according to the traffic law and did not exercise careless driving. The driver of the other vehicle did not use appropriate caution when approaching a presumed uncontrolled intersection and was traveling at a greater than safe speed in residential area with icy road conditions and limited straight ahead visibility.  

THE OUTCOME:
No charges were applied. No fines were applied. No insurance rate hike took place. The client received a full amount for her damaged vehicle. No demerit points applied. CASE CLOSED.