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Answered in 10 minutes by:
12/17/2010
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedHello,
I'm with you on the 'don't pay the ticket and fight it' approach. I suspect there's a good argument to be made for the fact that the bus was traveling through the intersection quickly enough that it (a) didn't see them crossing the street and (b) when a light was still on. Assuming the lights were operating properly, I would question whether it was possible for the bus to have that much momentum - had he been stopped at the red light (which he would have had if they were crossing) - that he couldn't stop. If he was turning then the issue of reasonableness of his speed would come in issue as well as whether he was watching.
I'm not convinced that your son would have a good civil case against the driver (and the company that the driver works for and their insurance) but it would also be worth pursuing (and the young lady who is injured definitely should pursue it).
You'll need to get your son a local lawyer whom he can meet with and have represent him not just for the ticket but in going after the driver. The ticket will need to be fought first since it makes the civil case more difficult so that will be the first priority.
In Ontario, the Law Society of Upper Canada's lawyer referral service can get you in touch with someone in Barrie who can meet with your son and represent him in this. Their link is: HERE
Regards XXXXX XXXXX wishes.
I'm with you on the 'don't pay the ticket and fight it' approach. I suspect there's a good argument to be made for the fact that the bus was traveling through the intersection quickly enough that it (a) didn't see them crossing the street and (b) when a light was still on. Assuming the lights were operating properly, I would question whether it was possible for the bus to have that much momentum - had he been stopped at the red light (which he would have had if they were crossing) - that he couldn't stop. If he was turning then the issue of reasonableness of his speed would come in issue as well as whether he was watching.
I'm not convinced that your son would have a good civil case against the driver (and the company that the driver works for and their insurance) but it would also be worth pursuing (and the young lady who is injured definitely should pursue it).
You'll need to get your son a local lawyer whom he can meet with and have represent him not just for the ticket but in going after the driver. The ticket will need to be fought first since it makes the civil case more difficult so that will be the first priority.
In Ontario, the Law Society of Upper Canada's lawyer referral service can get you in touch with someone in Barrie who can meet with your son and represent him in this. Their link is: HERE
Regards XXXXX XXXXX wishes.
Hello,
You son will need a lawyer to pursue the civil matter (and often for a case like that it can be taken on a contingency) and - if he were to win he would get more than he paid the lawyer since contingency fees are typically only 33% of the recovery.
He will also need a lawyer in case the injured friend also sues him. It may not seem likely but, seeing as she has 2 years from the incident to file suit, it may still be possible that your son would have liability form the incident (e.g. claims that he pushed her in harms' way, etc.). So meeting with a lawyer now can help address that issue should it come up.
Finally, fighting the ticket on your own is going to be tough (particularly if he's out of the jurisdiction) particularly where injuries result, so he'll need a representative to appear for him anyhow.
Regards.
You son will need a lawyer to pursue the civil matter (and often for a case like that it can be taken on a contingency) and - if he were to win he would get more than he paid the lawyer since contingency fees are typically only 33% of the recovery.
He will also need a lawyer in case the injured friend also sues him. It may not seem likely but, seeing as she has 2 years from the incident to file suit, it may still be possible that your son would have liability form the incident (e.g. claims that he pushed her in harms' way, etc.). So meeting with a lawyer now can help address that issue should it come up.
Finally, fighting the ticket on your own is going to be tough (particularly if he's out of the jurisdiction) particularly where injuries result, so he'll need a representative to appear for him anyhow.
Regards.
D.A.M., Lawyer
Category: Canada Law
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