
Normally, dim circumstances are just that: dim. But one had a silver lining.
It happened during rush-hour traffic in north Toronto on a rainy night, last November. A public transit bus entered the centre lane from the median and stopped on a diagonal ahead of me. Not before the bus had scraped the driver's side of my car then with full impact, crashed into my front-wheel well.
Before I knew it, a revolving light swirled too-brightly in my rear-view mirror. I recognized a tow-truck and wondered what it was doing there.
Hearing a 'tap-tap' to my left, I rolled down the window as freezing raindrops slid in.
"Are you OK?" asked the bus driver in rain gear.
I told him I thought so.
"You know, I have the right of way," he added buoyantly before returning to his bus, diagonally ahead. I was puzzled.
Hearing another tap-tap, I again rolled down the window.
"Are you OK?" asked the tow-truck driver.
"I think so," I replied.
Ahead, passengers stepped off the bus. None appeared visibly injured. They were being shepherded by the bus driver to the side of the road, where another city bus had stopped to take them further on their journey.
Two hours passed. No reporting police were in sight. By then, I realized I had a companion: my camera. I normally don't travel with one over short distances. But I did that night for a light assignment the following day.
The camera was a soother. Using the dashboard as support, I began to shoot with a slow shutter speed. How ironic, I thought. The ad on the back of the bus read: "Minimize road rage." Was there a connection? I continued to click objectively as though I were documenting something interesting, as though the incident had not happened to me.
I should have been more aggressive. I should have gotten out and used multiple points of view. But my door wouldn't budge, it was cold and rainy, and I was too rattled to function normally.
Another two hours passed. I slid across to the passenger door, got out, and informed the tow truck driver that I was going to the bathroom at a Tim Horton's coffee shop across the street.
Returning to the scene of the accident, I saw the reporting police. Four and a half hours after the incident. Two young women in police uniform were speaking to the bus driver and a supervisor-come-lately from the transit company. The foursome talked a good while. I sensed my goose was cooking.
Tap-tap. Again I rolled down the rain-streaked window.
"So what happened?" asked the policewoman with an attitude as brittle as her chewed-off French manicure.
"The bus barrelled down the median before it switched lanes and hit me," I replied.
"Oh, REAL-ly?" she asked in forced disbelief.
Could she not see the obvious positioning of the vehicles? My anxiety grew. Was I being used as a scapegoat for the transit company? My suspicion gained ground. At the end of her procedure, the policewoman charged me for careless driving.
"You're at fault," she said with gusto.
Staff members of my auto insurance company were more thorough. So was their associate who came by my home to take a sworn statement. But the real angel was the tow-truck driver. Glen Witney of GW Towing had not witnessed the accident. But arriving within five minutes, he recognized the meaning behind the position of the vehicles after impact. It was a reality the policewoman chose to overlook.
"My job doesn't end with the accident," Witney informed me. True to his word, he provided testimony to the auto insurer. It bolstered the photographs and drawing I had submitted to the Claims Adjustor.
It took four months to process the claim. In the end, the insurer informed me that I was "not responsible for the incident as per the Fault Determination Rule 10.4." * My deductible was refunded.
Why didn't the policewoman know the rules of the road?
The trial for my "careless driving" is set for November 2, 2009. As partial evidence, I will enlarge the photographs of the scene, grateful again to a staunch ally: my camera. Consider keeping one in your glove compartment. It could be your only bright prospect.
* Revised Regulations of Ontario 1990, Reg. 668