Scratched hood of car for dangerous driving, while crossing road

The incident happened while I was crossing an intersection, walking on way to an appointment. A car rolled over stop sign and onto pedestrian walkway, while I was crossing. Car and myself were at intersection about same time. I was walking briskly and had to slow down and change direction slightly to avoid being hit. Car finally stopped when I was within a foot or two. I stepped in front of car and used my keys to tap hood to indicate car rolled well into pedestrian lane, and without stopping. I proceeded to cross, but driver got out of his car and I soon was held by the driver, who demanded that I give him my name and phone number. I was later charged with mischief because driver had the incident on cam, of me hitting the car. Police would not answer to my question as to why driver was not charged in the incident, for rolling over stop sign, and almost hitting me in the process, although I could file an information. If video was available, it would clearly show that car did not stop at stop sign, but was rolling more than 2 metres further, and halfway into pedestrian walkway. I found that I was offered Diversion and had to pay restitution for damages to car. The other option is go to trial. I feel that I was the real victim and that police in their report appear to favor the drivers version of story. The shove the driver gave me prior to holding me was off-camera, so the driver claimed that I grabbed him first and he grabbed me. My question, should I try to defend my case by electing trial? I do not think I could have caused the amount of damage to hood as claimed. I requested video evidence as part of disclosure, but only got a cut-version showing a 2 seconds prior to my act of hitting car, and onwards. Did not show portion prior to that, where car had rolled over stop sign and rolled more than 2 metres and into pedestrian walkway. Plus, I feel the shove the driver gave me was excessive. Any helpful comment or advice is appreciated.


Asked 26 days ago in Toronto, Ontario
Categories: Human Rights  Criminal Law  Personal Injury  General Legal Questions

Answer Now

Caryma Sa'd

Answer by Caryma Sa'd

VerifiedOntario lawyer

You should consult a lawyer about the best way to proceed in your case. The excessive use of force from the driver of the vehicle could constitute an assault to your person. A lack of evidence concerning your involvement in the damage to the vehicle would be important in your defence. 

Feel free to get in touch if you'd like to discuss the next steps you can take to proceed. You can call or text me at 647-360-7182. 

Yours very truly,

CARYMA SA'D
Lawyer & Notary Public 

Posted 26 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Caryma Sa'd, or search the Lawyer Directory.


Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

Hi I can only offer general advice and I assume you presently do not have a lawyer. I strongly recommend you hire a criminal lawyer and review the facts and if appropriate charge the driver with common assault as he had no right to make "a citizen's arrest" as you outline the facts. His laying hands upon you appears to be both a criminal common assault and you may swear an information against him and charge him and  a civil assault and sue him for assault, even if there was no actual injury. A careful review of the facts and documentation is essential in all aspects of the cases. A review of his video camera and any intersection red light video camera could show the entire exchange or details. There may also be other cameras in the vicinity or on a bus which may show (when added together)  the entire exchange. Getting this defence and claim package together is not cheap. Given the number of pedestrians hit in Toronto daily the police reaction is very car centric. Also a lawyer may be able to ask the Crown to also ask for his video camera to be rolled back so you can get video of his prior driving before the incident and it may show him to be an aggressive driver or help locate plate numbers and any drivers of cars who may have seen him enter the intersection not in safety or the incident. Much will depend on your circumstances, any prior record (seems like none,) age, circumstances, the degree of damages caused by the keys to his car, the force you used to deter him, available witnesses and of course your resources - might I suggest you call Ms. Mamo or one of her colleagues at James Lockyer's office (416 847 2560).  Ms. Mamo  is bright and capable. Please review this answer with her or any other lawyer. Give them this reply and your question but don't post anything (until the cases are over) on social media. You may qualify for legal aid and diversion may be appropriate and should always be considered when offered to avoid a record. Otherwise I can only answer generally and cannot offer an opinion about your particular case, though you may also have a case of wrongful arrest and civil assault. If you want an objective opinion you can check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society of Ontario Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours, and offer a free half hour consultation. Good Luck! Hamoody Hassan, Senior Counsel, www.hassanlaw.com

Posted 26 days ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>


Comment

Thank you both for your responses, esp. Mr. Hassan, for a more general details. I will have to decide how to proceed in the coming weeks. Thanks, again.

Posted 25 days ago

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