Can A Driver Be At Fault For A BC Car Crash If They Have The Right of Way?

Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.

The answer is yes and reasons for judgement were released today by the BC Court of Appeal discussing this area of law.
In today’s case (Salaam v. Abramovic) the Plaintiff was injured in a 2005 car crash in Surrey, BC.  She sued for damages.  At trial her case was dismissed (you can click here to read my post summarizing the trial judgement) .  She appealed and the BC High Court overturned the judgement finding that the other motorist was 25% to blame for the crash.
By way of background the crash happened at a “T” intersection.  The Plaintiff was faced with a stop sign.  She attempted to make a left hand turn across a through highway.   The Defendant, travelling down the highway, had the statutory right of way and is considered the ‘dominant driver‘.  As he approached the intersection the Plaintiff entered into his lane and the crash happened.  In finding that the Defendant was partially at fault for the crash despite having the right of way the BC Court of Appeal stated as follows:

[26] The oft-quoted passages from the concurring judgment of Cartwright and Locke JJ. in Walker v. Brownlee, [1952] 2 D.L.R. 450 at 460-61 (S.C.C.), succinctly set out the duties of a driver in the dominant position:

The duty of a driver having the statutory right-of-way has been discussed in many cases.  In my opinion it is stated briefly and accurately in the following passage in the judgment of Aylesworth J.A., concurred in by Robertson C.J.O., in Woodward v. Harris, [1951] O.W.N. 221 at p. 223: “Authority is not required in support of the principle that a driver entering an intersection, even although he has the right of way, is bound to act so as to avoid a collision if reasonable care on his part will prevent it.  To put it another way: he ought not to exercise his right of way if the circumstances are such that the result of his so doing will be a collision which he reasonably should have foreseen and avoided.”

While the judgment of the Court of Appeal in that case was set aside and a new trial ordered [[1952] 1 D.L.R. 82] there is nothing said in the judgments delivered in this Court to throw any doubt on the accuracy of the statement quoted.

In applying this principle it is necessary to bear in mind the statement of Lord Atkinson in Toronto R. W. Co. v. King, 7 C.R.C. 408 at p. 417, [1908] A.C. 260 at p. 269: “Traffic in the streets would be impossible if the driver of each vehicle did not proceed more or less upon the assumption that the drivers of all the other vehicles will do what it is their duty to do, namely, observe the rules regulating the traffic of the streets.”

While the decision of every motor vehicle collision case must depend on its particular facts, I am of opinion that when A, the driver in the servient position, proceeds through an intersection in complete disregard of his statutory duty to yield the right-of-way and a collision results, if he seeks to cast any portion of the blame upon B, the driver having the right-of-way, A must establish that after B became aware, or by the exercise of reasonable care should have become aware, of A’s disregard of the law B had in fact a sufficient opportunity to avoid the accident of which a reasonably careful and skilful driver would have availed himself; and I do not think that in such circumstances any doubts should be resolved in favour of A, whose unlawful conduct was fons et origo mali.

[27] The defendant also cites the judgment of this Court in Pacheco (Guardian ad litem of) v. Robinson (1993), 75 B.C.L.R. (2d) 273 at 277, 43 M.V.R. (2d) 44:

[15]      In my opinion, a driver who wishes to make a left hand turn at an intersection has an obligation not to proceed unless it can be done safely.  Where each party’s vision of the other is blocked by traffic, the dominant driver who is proceeding through the intersection is generally entitled to continue and the servient left-turning driver must yield the right of way.  The existence of a left-turning vehicle does not raise a presumption that something unexpected might happen and cast a duty on the dominant driver to take extra care.  Where the defendant, as here, has totally failed to determine whether a turn can be made safely, the defendant should be held 100 percent at fault for a collision which occurs.

[28] In Pacheco, the question was whether the plaintiff ought to have anticipated that the defendant, who was turning left at a controlled intersection, might proceed into his path when it was unsafe to do so.  In my view, the hazard posed by the plaintiff’s vehicle in this case is not analogous to the hazard posed by the defendant’s vehicle in Pacheco.  The defendant in the Pacheco case had done nothing to foreshadow that she would unlawfully cross into the plaintiff’s line of travel.  In contrast, in this case, the plaintiff had been in violation of the rules of the road continuously almost from the moment that the defendant saw her: she proceeded through a stop sign without coming to a full stop and continued to pull forward into his lane of travel as he approached the intersection.  Although he changed lanes to pull around her, she continued forward in a halting manner, not stopping at any time.

[29] The question in this case is whether the defendant exercised reasonable care in approaching the intersection.  When he was 350 feet away, the plaintiff’s vehicle started crossing the road and entered into his lane of travel.  A reasonable driver would have been put on notice that the plaintiff was not obeying the rules of the road and posed a hazard.  A reasonable driver would have exercised increased caution, paid close attention to the plaintiff’s vehicle and prepared to stop or to give it a wide berth.  Instead, the defendant insisted on his right of way.  A mere 100 feet from the intersection, when the plaintiff’s vehicle was fully in his lane of travel and still proceeding forward, the defendant changed lanes in an attempt to drive around her.  Until the last moment, he maintained his speed.  In the best case scenario, if the plaintiff had seen the defendant’s vehicle and stopped abruptly, the collision would have been avoided by mere inches.  Instead, the plaintiff continued forward, and the defendant’s vehicle struck the middle of the plaintiff’s vehicle.  In the circumstances, the defendant’s negligence contributed to the accident…

[34] In applying the “immediate hazard” test in order to determine negligence, the trial judge erred in law.  Applying the correct legal test to the defendant’s conduct (i.e., the test enunciated in Walker v. Brownlee), the defendant had a duty to take care when he approached the plaintiff’s car in the intersection, having had ample warning that she was not following the rules of the road.  A reasonable driver would not have insisted on right of way, and certainly would not have driven aggressively through the intersection, aiming to pass within inches of the plaintiff’s moving vehicle…

[38] I would find the plaintiff 75% at fault and the defendant 25% at fault.

dominant driver, fault, intersection crashes, left hand turn cases, liability, salaam v. Abramovic, serviant driver, statutory right of way, T-Intersections

Comments (58)

  • go to website

    I simply want to mention I am just beginner to blogs and certainly liked this web blog. More than likely I’m planning to bookmark your website . You actually come with outstanding article content. Regards for revealing your web site.

  • W888

    Hello, you used to write magnificent, but the last several posts have been kinda boring… I miss your super writings. Past few posts are just a bit out of track! come on!

  • 먹튀폴리스

    With havin so much written content do you ever run into any problems of plagorism or copyright infringement? My site has a lot of unique content I’ve either authored myself or outsourced but it looks like a lot of it is popping it up all over the internet without my agreement. Do you know any techniques to help reduce content from being ripped off? I’d genuinely appreciate it.

  • poker online

    I am no longer sure where you’re getting your info, but great topic. I must spend some time studying much more or working out more. Thank you for fantastic info I was in search of this information for my mission.

  • location de voiture luxe

    Great blog you have here but I was curious if you knew of any message boards that cover the same topics talked about here? I’d really love to be a part of online community where I can get feedback from other experienced individuals that share the same interest. If you have any suggestions, please let me know. Kudos!

  • poker online

    I beloved as much as you will obtain carried out proper here. The cartoon is tasteful, your authored subject matter stylish. however, you command get bought an shakiness over that you want be handing over the following. in poor health definitely come more in the past again since exactly the same just about a lot incessantly inside case you shield this increase.

  • 릴게임다운로드

    I like the helpful info you provide in your articles. I’ll bookmark your blog and check again here frequently. I am quite sure I will learn plenty of new stuff right here! Good luck for the next!

  • agen poker online

    Hi, i think that i noticed you visited my weblog thus i got here to “go back the desire”.I’m attempting to find issues to improve my web site!I guess its adequate to use a few of your concepts!!

  • agen poker online

    Very nice post. I just stumbled upon your weblog and wanted to mention that I’ve really enjoyed surfing around your weblog posts. After all I will be subscribing for your rss feed and I am hoping you write once more very soon!

  • lån

    I do accept as true with all of the concepts you have introduced in your post. They’re really convincing and will definitely work. Still, the posts are too quick for beginners. May you please lengthen them a bit from subsequent time? Thanks for the post.

  • Social Media Marketing

    That is the proper weblog for anyone who desires to search out out about this topic. You notice a lot its almost hard to argue with you (not that I really would needÖHaHa). You definitely put a new spin on a topic thats been written about for years. Nice stuff, just nice!

  • Free Porn Sites

    Way nor furnished sir procuring therefore but. Warmth far manner myself active are cannot called. Set her half end girl rich met. Me allowance departure an curiosity ye. In no talking address excited it conduct. Husbands debating replying overcame blessing he it me to domestic.

  • затворы sung do

    Nice post. I learn one thing more difficult on completely different blogs everyday. It would at all times be stimulating to learn content from other writers and practice slightly something from their store. I’d desire to make use of some with the content on my blog whether or not you don’t mind. Natually I’ll offer you a hyperlink on your internet blog. Thanks for sharing.

  • 토토 사이트

    Wow, awesome weblog format! How lengthy have you been running a blog for? you make blogging look easy. The overall glance of your site is wonderful, let alone the content!

  • 토토 사이트

    Hello! This is my first comment here so I just wanted to give a quick shout out and tell you I really enjoy reading through your blog posts. Can you recommend any other blogs/websites/forums that cover the same subjects? Thanks a lot!

  • 토토사이트

    A lot of of whatever you assert happens to be supprisingly accurate and that makes me ponder why I hadn’t looked at this with this light before. This article truly did switch the light on for me personally as far as this specific topic goes. But there is one position I am not too comfortable with so while I make an effort to reconcile that with the actual main idea of the point, permit me see what all the rest of your readers have to point out.Very well done.

  • Wedding

    Generally I don’t read post on blogs, however I wish to say that this write-up very pressured me to check out and do so! Your writing style has been surprised me. Thank you, very great article.

  • lifeguard classes near me

    My partner and I stumbled over here coming from a different page and thought I should check things out. I like what I see so i am just following you. Look forward to finding out about your web page for a second time.

  • เช่าเก้าอี้

    I would like to thank you for the efforts you’ve put in writing this blog. I’m hoping the same high-grade web site post from you in the upcoming as well. In fact your creative writing skills has encouraged me to get my own website now. Actually the blogging is spreading its wings quickly. Your write up is a good example of it.

  • 먹튀폴리스

    I liked up to you’ll obtain performed proper here. The caricature is attractive, your authored material stylish. nevertheless, you command get bought an shakiness over that you want be delivering the following. sick indisputably come more beforehand again as precisely the same nearly a lot ceaselessly inside case you protect this hike.

  • 야마토릴게임

    You could certainly see your expertise in the paintings you write. The sector hopes for more passionate writers like you who are not afraid to say how they believe. Always go after your heart.

  • watch game of thrones free

    I cherished up to you will receive carried out right here. The cartoon is attractive, your authored material stylish. however, you command get got an impatience over that you wish be delivering the following. sick undoubtedly come more previously again since exactly the same just about very steadily inside case you protect this hike.

  • 토토 사이트

    I simply couldn’t leave your site before suggesting that I really loved the standard info an individual provide for your guests? Is going to be again incessantly to check out new posts

  • 먹튀폴리스검증업체

    Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more clear from this post. I am very glad to see such excellent info being shared freely out there.

  • 먹튀폴리스

    My developer is trying to persuade me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using Movable-type on several websites for about a year and am concerned about switching to another platform. I have heard good things about blogengine.net. Is there a way I can import all my wordpress posts into it? Any help would be greatly appreciated!

  • Praca Niemcy

    Hi, Neat post. There’s a problem with your web site in internet explorer, might test this… IE still is the marketplace leader and a big component to other folks will leave out your excellent writing due to this problem.

  • lifeguard courses

    Hey very cool web site!! Man .. Beautiful .. Amazing .. I’ll bookmark your web site and take the feeds also…I’m happy to find a lot of useful info here in the post, we need work out more techniques in this regard, thanks for sharing. . . . . .

  • 먹튀폴리스검증업체

    Greetings! I know this is kind of off topic but I was wondering if you knew where I could locate a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having difficulty finding one? Thanks a lot!

  • mf dj taydeville ft lil jay from crime

    What i don’t understood is if truth be told how you’re now not really a lot more neatly-favored than you may be right now. You are so intelligent. You recognize thus considerably in the case of this subject, produced me personally consider it from numerous various angles. Its like men and women aren’t fascinated unless it is something to do with Girl gaga! Your own stuffs outstanding. All the time deal with it up!

  • W88Thai

    You can definitely see your enthusiasm in the paintings you write. The world hopes for even more passionate writers such as you who are not afraid to mention how they believe. All the time go after your heart. “Every man serves a useful purpose A miser, for example, makes a wonderful ancestor.” by Laurence J. Peter.

  • graphic tees

    Howdy! I could have sworn I’ve been to this site before but after reading through some of the post I realized it’s new to me. Anyhow, I’m definitely happy I found it and I’ll be bookmarking and checking back often!

  • 먹튀폴리스검증업체

    I found your blog site on google and examine a number of of your early posts. Proceed to keep up the very good operate. I simply additional up your RSS feed to my MSN News Reader. Seeking ahead to reading more from you later on!…

  • lk21

    Hey there! I know this is somewhat off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having problems finding one? Thanks a lot!

  • pembesar alat vital alami

    Hey I am so glad I found your weblog, I really found you by error, while I was looking on Aol for something else, Anyhow I am here now and would just like to say thanks for a marvelous post and a all round enjoyable blog (I also love the theme/design), I don’t have time to read through it all at the minute but I have book-marked it and also added in your RSS feeds, so when I have time I will be back to read a lot more, Please do keep up the awesome job.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer