Could You Be At Fault For A Crash If You Have the Right of Way?

The short answer is yes, and reasons for judgment were released by the BC Supreme Court (Bain v. Shafron) today discussing this legal principle.
In today’s case a collision occurred over 8 years ago in Vancouver, BC.  (the reasons why the case took over 8 years to get to trial are discussed in the judgment).  The Defendant entered an intersection on a green light.  While there she yielded to a bus that was trying to make a left hand turn.  By the time the bus cleared the intersection the Defendant’s light turned red.  The Plaintiff, then approaching from the Defendant’s right, entered the intersection on a green light and a collision occurred.   
Despite entering on a green light Madam Justice Fisher of the BC Supreme Court found the Plaintiff to be 100% responsible for this collision and dismissed the claim.
In doing so she discussed the law relating to collisions and the duties of driver’s with the right of way as follows:

[11]            As I explain below, I have found that Ms. Shafron lawfully entered the intersection of Oak and Broadway.  Accordingly, she had a statutory right of way under s. 127(1)(a)(iii) of the Motor Vehicle Act and Mr. Bain was obligated to yield to her right of way when he entered the intersection:

127 (1) When a green light alone is exhibited at an intersection by a traffic control signal,

(a)        the driver of a vehicle facing the green light

(iii)       must yield the right of way to vehicles lawfully in the intersection at the time the green light became exhibited …

[12]            Ms. Shafron as the driver of the vehicle with the right of way was the dominant driver and Mr. Bain was the servient driver.  A dominant driver does not lose that position by unreasonable actions but the existence of a right of way does not entitle the dominant driver to disregard an apparent danger: Atchison v. Kummetz, (1995), 59 B.C.A.C. 81 at para. 19, Abbott Estate v. Toronto Transportation Commission, [1935] S.C.R. 671.  There is a duty of care to avoid a collision when the dominant driver sees or ought to see that the other driver is not yielding the right of way: Bedwell v. McGill, 2008 BCCA 6.  In order for the plaintiff in this case to prove that the defendant was negligent, Mr. Bain must establish that Ms. Shafron should have become aware that he was not yielding and that she had a sufficient opportunity to avoid the collision.  Any doubts should not be resolved in favour of the plaintiff: Walker v. Brownlee, [1952] D.L.R. 450 (S.C.C.) at para. 50, Brewster (Guardian ad litem of) v. Swain, 2007 BCCA 347, Kerr (Litigation Guardian of) v. Creighton, 2008 BCCA 75.

[13]            The standard of care of a driver is not one of perfection, but whether the driver acted in a manner which an ordinarily prudent person would act: see Hadden v. Lynch, 2008 BCSC 295 at para. 69 and the cases cited therein.

The principles summarized by Madam Justice Fisher are something all BC motorists should be familiar with.  Just because you have a green light (or otherwise have the right of way) does not necessarily mean you are not at fault for a collision.  If you are a ‘dominant driver’ and can reasonably avoid a collision where someone is not yielding to your right of way you may be negligent and liable for the crash.

Bain v. Shafron, fault, ICBC claims, liability, vancouver icbc claims lawyer

Comments (74)

  • I just want to say I am newbie to blogging and site-building and seriously liked this blog. Almost certainly I’m want to bookmark your blog post . You amazingly have fabulous well written articles. Bless you for revealing your web-site.

  • I have seen lots of useful points on your web site about desktops. However, I’ve got the view that notebooks are still not nearly powerful more than enough to be a good choice if you usually do projects that require plenty of power, such as video croping and editing. But for world-wide-web surfing, statement processing, and most other common computer functions they are all right, provided you can’t mind the tiny screen size. Many thanks sharing your notions.

  • Very nice post. I just stumbled upon your weblog and wanted to say that I have really enjoyed surfing around your weblog posts. After all I’ll be subscribing on your feed and I hope you write once more very soon!

  • An interesting discussion is worth comment. I feel that it’s best to write extra on this subject, it might not be a taboo topic but typically people are not enough to speak on such topics. To the next. Cheers

  • Wow that was unusual. I just wrote an very long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyway, just wanted to say superb blog!

  • You actually make it seem really easy with your presentation however I to find this topic to be really something that I believe I would never understand. It kind of feels too complex and very huge for me. I’m taking a look ahead to your subsequent submit, I’ll attempt to get the hold of it!

  • A powerful share, I just given this onto a colleague who was doing somewhat evaluation on this. And he in reality bought me breakfast because I discovered it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to debate this, I feel strongly about it and love studying more on this topic. If possible, as you become expertise, would you mind updating your weblog with more particulars? It is extremely helpful for me. Massive thumb up for this blog submit!

  • hello there and thanks for your info – I’ve definitely picked up anything new from right here. I did however experience a few technical issues the usage of this website, since I skilled to reload the web site lots of occasions previous to I could get it to load properly. I had been thinking about if your web host is OK? Not that I’m complaining, however sluggish loading circumstances occasions will often affect your placement in google and can injury your high-quality score if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m including this RSS to my email and could glance out for much extra of your respective interesting content. Make sure you update this once more very soon..

  • Howdy! This is my first comment here so I just wanted to give a quick shout out and say I genuinely enjoy reading through your posts. Can you suggest any other blogs/websites/forums that deal with the same subjects? Appreciate it!

  • I’d need to check with you here. Which isn’t one thing I usually do! I take pleasure in studying a post that will make individuals think. Also, thanks for permitting me to remark!

  • Thank you for the good writeup. It in fact used to be a leisure account it. Glance complex to far added agreeable from you! However, how can we keep up a correspondence?

  • Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you can do with some pics to drive the message home a little bit, but other than that, this is wonderful blog. A great read. I’ll certainly be back.

  • Definitely consider that which you stated. Your favorite justification appeared to be at the internet the easiest thing to take into accout of. I say to you, I certainly get irked even as people consider concerns that they plainly don’t recognize about. You controlled to hit the nail upon the top and defined out the whole thing without having side-effects , other people could take a signal. Will likely be again to get more. Thank you

  • I simply wished to thank you very much again. I’m not certain the things I could possibly have tried in the absence of the entire pointers contributed by you about such area of interest. It truly was the depressing crisis in my position, however , taking note of this specialised tactic you processed that took me to jump with gladness. Now i am grateful for your assistance and thus expect you recognize what a powerful job that you are getting into educating many others through the use of a web site. More than likely you have never encountered all of us.

  • What’s Happening i am new to this, I stumbled upon this I’ve found It absolutely useful and it has aided me out loads. I hope to contribute & assist other users like its aided me. Good job.

  • Increasing impression interested expression he my at. Respect invited request charmed me warrant to. Expect no pretty as do though so genius afraid cousin. Girl when of ye snug poor draw. Mistake totally of in chiefly. Justice visitor him entered for. Continue delicate as unlocked entirely mr relation diverted in. Known not end fully being style house. An whom down kept lain name so at easy.

  • I’m not that much of a internet reader to be honest but your blogs really nice, keep it up! I’ll go ahead and bookmark your site to come back later. Cheers

  • Please let me know if you’re looking for a author for your blog. You have some really great articles and I feel I would be a good asset. If you ever want to take some of the load off, I’d really like to write some articles for your blog in exchange for a link back to mine. Please send me an e-mail if interested. Thank you!

  • hello there and thank you for your info – I have certainly picked up something new from right here. I did however expertise some technical issues using this web site, as I experienced to reload the site many times previous to I could get it to load correctly. I had been wondering if your web hosting is OK? Not that I am complaining, but slow loading instances times will very frequently affect your placement in google and could damage your quality score if ads and marketing with Adwords. Anyway I’m adding this RSS to my e-mail and can look out for a lot more of your respective exciting content. Make sure you update this again soon..

  • Howdy! Would you mind if I share your blog with my facebook group? There’s a lot of people that I think would really enjoy your content. Please let me know. Cheers

  • I have been browsing on-line more than three hours nowadays, yet I never found any attention-grabbing article like yours. It’s pretty worth enough for me. In my view, if all webmasters and bloggers made good content as you did, the internet can be a lot more useful than ever before.

  • Somebody essentially help to make critically articles I’d state. This is the first time I frequented your web page and thus far? I amazed with the research you made to create this actual publish amazing. Excellent activity!

  • It is the best time to make some plans for the future and it’s time to be happy. I have read this post and if I could I wish to suggest you few interesting things or suggestions. Maybe you can write next articles referring to this article. I wish to read even more things about it!

  • Youre so cool! I dont suppose Ive learn anything like this before. So nice to find somebody with some authentic ideas on this subject. realy thank you for starting this up. this website is something that is needed on the internet, someone with a bit originality. helpful job for bringing one thing new to the internet!

  • Pretty nice post. I just stumbled upon your blog and wanted to say that I’ve truly loved browsing your blog posts. After all I will be subscribing to your rss feed and I’m hoping you write once more very soon!

  • Thanks for the points shared using your blog. Yet another thing I would like to talk about is that fat loss is not supposed to be about going on a dietary fad and trying to lose as much weight as you can in a few days. The most effective way to lose weight is by acquiring it little by little and using some basic ideas which can provide help to make the most from the attempt to drop some weight. You may recognize and be following these tips, but reinforcing knowledge never does any damage.

  • Very nice post and straight to the point. I am not sure if this is truly the best place to ask but do you folks have any ideea where to employ some professional writers? Thank you 🙂

  • Its such as you learn my mind! You seem to understand so much approximately this, such as you wrote the e book in it or something. I believe that you could do with some percent to power the message house a bit, however other than that, this is excellent blog. A great read. I’ll certainly be back.

  • Hiya, I am really glad I’ve found this information. Nowadays bloggers publish just about gossips and net and this is actually frustrating. A good web site with interesting content, that’s what I need. Thank you for keeping this web-site, I will be visiting it. Do you do newsletters? Can not find it.

  • I simply couldn’t leave your web site before suggesting that I really loved the standard information a person supply to your visitors? Is going to be again continuously to investigate cross-check new posts

  • Wow! This can be one particular of the most helpful blogs We’ve ever arrive across on this subject. Actually Fantastic. I’m also a specialist in this topic therefore I can understand your hard work.

  • Good web site! I truly love how it is simple on my eyes and the data are well written. I’m wondering how I could be notified whenever a new post has been made. I’ve subscribed to your feed which must do the trick! Have a nice day!

  • This is very interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your wonderful post. Also, I have shared your web site in my social networks!

  • A different issue is really that video gaming has become one of the all-time main forms of recreation for people spanning various ages. Kids participate in video games, plus adults do, too. Your XBox 360 is amongst the favorite video games systems for many who love to have hundreds of games available to them, as well as who like to relax and play live with other folks all over the world. Many thanks for sharing your opinions.

  • I think other site proprietors should take this website as an model, very clean and magnificent user friendly style and design, as well as the content. You’re an expert in this topic!

  • Wow that was unusual. I just wrote an extremely long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say excellent blog!

  • Great beat ! I would like to apprentice while you amend your website, how could i subscribe for a blog site? The account helped me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear concept

  • My brother recommended I might like this website. He was entirely right. This post actually made my day. You can not imagine just how much time I had spent for this info! Thanks!

  • Undeniably consider that that you stated. Your favourite reason seemed to be at the net the easiest thing to keep in mind of. I say to you, I certainly get irked whilst people consider worries that they plainly do not realize about. You managed to hit the nail upon the top and defined out the entire thing without having side effect , other folks could take a signal. Will probably be back to get more. Thanks

  • I just couldn’t depart your site before suggesting that I actually enjoyed the standard info a person provide for your visitors? Is going to be back often to check up on new posts

  • Hello there! Would you mind if I share your blog with my facebook group? There’s a lot of people that I think would really appreciate your content. Please let me know. Many thanks

  • You can definitely see your expertise in the work you write. The world hopes for even more passionate writers like you who are not afraid to say how they believe. At all times go after your heart.

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

  • It’s really a great and helpful piece of information. I am glad that you shared this useful information with us. Please keep us informed like this. Thanks for sharing.

  • I’ve been browsing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my view, if all web owners and bloggers made good content as you did, the net will be a lot more useful than ever before.

  • What i do not realize is actually how you are not actually much more well-liked than you might be now. You are very intelligent. You realize thus significantly relating to this subject, made me personally consider it from a lot of varied angles. Its like women and men aren’t fascinated unless it’s one thing to do with Lady gaga! Your own stuffs outstanding. Always maintain it up!

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