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Originally Posted by Dmajackson
Yes but quite often when pedestrians are hit no fines are given out.
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That’s simply untrue.
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It's similar to two-car collisions where the police may find the driver of one car at fault but issue no tickets/fines for the dangerous behavior.
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Two points arise from that. First, it is not the police’s job to decide who’s “at fault” in an accident, and that’s not what they do. Aside from their important public safety and traffic control functions, their legal role is to determine whether a law has been violated (Nova Scotia
Motor Vehicle Act or the
Criminal Code, which is federal). I appreciate that police do sometimes make gratuitous comments about “fault” at accident scenes (I’ve experienced it myself; they can’t seem to help themselves), but “fault” is a civil law concept and can be determined only by the courts. A police officer’s opinion on fault is irrelevant in law and meaningless in a lawsuit or, for the same reason, in an insurance claim.
Second, unless there’s egregious illegal behavior resulting in injury and/or significant damage, the law generally considers accidents - and quite appropriately so - to be just that, accidents. Motor vehicles are operated by humans and by virtue of the sheer number of people and vehicles involved, frequent accidents are absolutely inevitable. It would be both impossible and pointless to treat every one of them as a matter requiring state intervention. That’s why we have recourse to civil remedies (lawsuits) and why auto liability insurance exists - to resolve matters between the parties, as opposed to considering accidents to be offences against the state.
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Also I believe that the $300 fine should only be for proactive reasons. If a cop sees you break the law then that amount works. If you have hit a pedestrian though and you're found at-fault it should be treated like stunting and automatically revoke your license for a week and a hefty fine.
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Well, there’s a rather glaring difference there: “stunting” is a manifestly intentional act while striking pedestrians overwhelmingly is not. Anyway, we could debate whether
Motor Vehicle Act fines for certain traffic offences could or should be higher, but again, the big stick is not a traffic ticket, it’s a lawsuit. Civil law is designed exactly for that very function: it’s intended to discourage careless or intentional wrong behavior by significantly penalizing the person at fault. And, if the behavior is bad enough, it can and does result in criminal prosecution as well, but 99.9% of vehicle accidents simply don’t justify that.