Motorist at Fault For Collision With Scooter During U-Turn

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

Reasons for judgement were released today addressing fault for a collision involving a vehicle conducting a U-turn.
In today’s case (Longford v. Tempesta) the Plaintiff was operating a scooter and was travelling behind the Defendant’s vehicle.  The Defendant “put on his brakes aggressively” and the Plaintiff then stopped.  The Defendant then “went to the right parking lane and stopped, aggressively applying his brakes again, and then hesitated.“.  The Plaintiff then proceeded to pass the Defendant who then commenced a U-turn and the vehicles collided.
In finding the Defendant 100% responsible Madam Justice Hyslop provided the following reasons:

[34]        I find that the plaintiff could not have anticipated that the defendant, after briefly stopping, would then turn in front of her. Nor do I find that she had enough time to observe the defendant’s actions and avoid the accident.

[35]        The plaintiff did not state that the defendant was driving erratically when he stopped aggressively in front of her and when he parked. The defendant in his written argument, states:

14.       The Plaintiff in her statement seems to have assumed that the Defendant had missed his turn, was driving erratically and ought to have anticipated some other erratic move from the Defendant and driven accordingly.

15.       Further, the physical evidence of where the collision took place is more consistent with the Defendant’s version of events than the Plaintiff’s. Impact occurred very near the centre of the road when the Defendant’s vehicle had almost left the west bound lane. This would mean for the Plaintiff’s version to be correct the Defendant would had to have started from a complete stop accelerated through a turn and almost completed it before the Plaintiff arrived at the impact site.

[36]        This does not coincide with the defendant’s evidence that he was three quarters of the way in his driveway, having crossed the eastbound lane.

[37]        In Rai v. Fowler, 2007 BCSC 1678, Madam Justice Holmes stated:

[34]      In Tucker (Public Trustee of) v. Asleson (1993), 78 B.C.L.R. (2d) 173 (C.A.) at 195-6, Madam Justice Southin noted that drivers are entitled to assume that other drivers will obey the rules of the road, and are required to anticipate, in other drivers, “only those follies which according to the teachings of experience commonly occur”. By implication, and as explained in Walker v. Brownlee, [1952] 2 D.L.R. 450 at 461 from which Southin J.A. quoted, a driver may bear liability if he or she became aware of another driver’s disregard of the law, or by the exercise of reasonable care should have become aware, and unreasonably failed to avoid the accident that followed from that disregard.

[38]        When the defendant stopped aggressively in front of the plaintiff, she slowed down and was able to stop. I find there was no erratic driving on the part of the defendant such that she could anticipate that the defendant would perform a U-turn in front of her.

[39]        I conclude that the defendant stopped as he realized that he had overshot the driveway to his workplace. I find he then went to the right, stopped again as to park, intending to go into the driveway and, in doing so, crossed the path of the plaintiff on her scooter. At no time did the defendant observe the scooter and he should have. I find that the plaintiff has met the burden of proof and that the defendant was negligent when he turned from where he was parked and into the path of the plaintiff driving her scooter. The defendant is 100% responsible for the accident. The defendant’s actions were negligent.

Longford v. Tempesta, Madam Justice Hyslop, U-Turn

Comments (64)

  • her explanation

    I simply want to say I’m newbie to blogging and site-building and actually liked your web blog. Likely I’m likely to bookmark your website . You definitely have really good well written articles. Regards for revealing your web-site.

  • 릴게임

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

  • W88Thai

    I was just searching for this information for a while. After 6 hours of continuous Googleing, finally I got it in your site. I wonder what’s the lack of Google strategy that do not rank this type of informative websites in top of the list. Normally the top web sites are full of garbage.

  • fotograf slubny Wadowice

    I am no longer sure where you’re getting your info, however great topic. I must spend a while finding out more or understanding more. Thank you for fantastic info I used to be searching for this info for my mission.

  • crystalclutch.com

    Good blog! I really love how it is simple on my eyes and the data are well written. I am wondering how I could be notified when a new post has been made. I have subscribed to your RSS feed which must do the trick! Have a great day!

  • 먹튀폴리스 동화

    I am really enjoying the theme/design of your web site. Do you ever run into any web browser compatibility issues? A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Safari. Do you have any tips to help fix this problem?

  • marcel van hooijdonk

    Hey! This post could not be written any better! Reading this post reminds me of my previous room mate! He always kept talking about this. I will forward this write-up to him. Pretty sure he will have a good read. Many thanks for sharing!

  • Kammerjäger

    Wonderful goods from you, man. I have understand your stuff previous to and you’re just extremely great. I really like what you have acquired here, really like what you’re stating and the way in which you say it. You make it entertaining and you still take care of to keep it wise. I can’t wait to read much more from you. This is really a wonderful site.

  • poker online

    Hey there, You’ve done an incredible job. I will certainly digg it and individually recommend to my friends. I am sure they’ll be benefited from this website.

  • poker online

    Very good written information. It will be beneficial to everyone who employess it, including yours truly :). Keep doing what you are doing – i will definitely read more posts.

  • situs poker online

    We are a group of volunteers and opening a new scheme in our community. Your site provided us with helpful information to work on. You’ve performed an impressive task and our whole group will be thankful to you.

  • situs poker online

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

  • agen poker online

    I haven’t checked in here for some time as I thought it was getting boring, but the last few posts are great quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂

  • poker

    Hello, i think that i saw you visited my website so i came to “return the favor”.I am attempting to find things to enhance my web site!I suppose its ok to use a few of your ideas!!

  • m w88

    Hey there! This post could not be written any better! Reading through this post reminds me of my previous room mate! He always kept talking about this. I will forward this write-up to him. Pretty sure he will have a good read. Many thanks for sharing!

  • lån

    I like the valuable information you provide in your articles. I’ll bookmark your weblog and check again here frequently. I am quite certain I will learn plenty of new stuff right here! Good luck for the next!

  • Best Porn List

    Ye to misery wisdom plenty polite to as. Prepared interest proposal it he exercise. My wishing an in attempt ferrars. Visited eat you why service looking engaged. At place no walls hopes rooms fully in. Roof hope shy tore leaf joy paid boy. Noisier out brought entered detract because sitting sir. Fat put occasion rendered off humanity has.

  • 야마토 게임

    I like the valuable information you provide on your articles. I’ll bookmark your blog and check once more here regularly. I’m rather certain I will learn plenty of new stuff right right here! Good luck for the following!

  • затворы sung do

    I have been surfing online more than three hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. Personally, if all website owners and bloggers made good content as you did, the net will be a lot more useful than ever before.

  • 토토 사이트

    I enjoy you because of your whole hard work on this website. Debby enjoys participating in investigations and it’s really easy to see why. I notice all relating to the lively form you offer vital tips on the web site and therefore attract participation from the others about this concept then our own princess is being taught a great deal. Enjoy the rest of the new year. You are carrying out a dazzling job.

  • אוניות אלחוטיות

    Thanks for sharing these kind of wonderful discussions. In addition, the right travel and also medical insurance strategy can often ease those issues that come with visiting abroad. Your medical crisis can rapidly become too expensive and that’s certain to quickly decide to put a financial load on the family finances. Setting up in place the great travel insurance program prior to setting off is worth the time and effort. Thanks a lot

  • เช่ารถตู้ Vip

    Nice post. I was checking continuously this blog and I am impressed! Extremely useful information specially the last part 🙂 I care for such info much. I was seeking this certain information for a long time. Thank you and good luck.

  • 안전놀이터추천

    Wow! This can be one particular of the most beneficial blogs We have ever arrive across on this subject. Basically Excellent. I am also an expert in this topic therefore I can understand your hard work.

  • 먹튀폴리스 먹튀

    Excellent post. I used to be checking constantly this weblog and I am impressed! Extremely useful info particularly the last phase 🙂 I deal with such info much. I used to be seeking this particular information for a long time. Thank you and best of luck.

  • 먹튀 폴리스

    Thanks for your marvelous posting! I quite enjoyed reading it, you are a great author.I will be sure to bookmark your blog and definitely will come back later in life. I want to encourage you continue your great work, have a nice evening!

  • 먹튀검증커뮤니티

    I believe this is among the so much significant info for me. And i am happy studying your article. However wanna statement on some general issues, The site taste is ideal, the articles is actually great : D. Good activity, cheers

  • watch game of thrones season 1

    That is the precise blog for anyone who wants to seek out out about this topic. You understand a lot its virtually laborious to argue with you (not that I really would need…HaHa). You definitely put a new spin on a topic thats been written about for years. Nice stuff, simply nice!

  • 우리카지노

    I was suggested this website by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my difficulty. You’re wonderful! Thanks!

  • 메이저토토사이트

    I loved as much as you will receive carried out right here. The sketch is tasteful, your authored subject matter stylish. nonetheless, you command get bought an shakiness over that you wish be delivering the following. unwell unquestionably come further formerly again since exactly the same nearly very often inside case you shield this hike.

  • lifeguard courses

    Excellent read, I just passed this onto a colleague who was doing some research on that. And he actually bought me lunch because I found it for him smile Thus let me rephrase that: Thank you for lunch!

  • 릴게임

    An impressive share, I just given this onto a colleague who was doing just a little evaluation on this. And he in truth purchased me breakfast as a result of I found it for him.. smile. So let me reword that: Thnx for the deal with! However yeah Thnkx for spending the time to discuss this, I really feel strongly about it and love reading extra on this topic. If doable, as you grow to be expertise, would you thoughts updating your weblog with extra particulars? It is extremely useful for me. Huge thumb up for this weblog post!

  • judi bola online

    Thank you for another informative web site. Where else could I get that type of info written in such a perfect way? I have a project that I am just now working on, and I’ve been on the look out for such information.

  • W88 Thailand

    I’m really impressed with your writing skills as well as with the layout on your blog. Is this a paid theme or did you modify it yourself? Anyway keep up the nice quality writing, it’s rare to see a nice blog like this one nowadays..

  • 먹튀폴리스 가족방

    I do trust all the concepts you have offered on your post. They are very convincing and can certainly work. Still, the posts are very quick for beginners. May you please prolong them a bit from next time? Thank you for the post.

  • custom tees

    I’m often to running a blog and i really respect your content. The article has really peaks my interest. I am going to bookmark your site and preserve checking for brand new information.

  • Google

    Although web sites we backlink to beneath are considerably not connected to ours, we really feel they are really really worth a go by means of, so have a look.

  • nonton film

    I am now not certain where you’re getting your information, however good topic. I must spend a while finding out much more or figuring out more. Thanks for wonderful information I used to be in search of this info for my mission.

  • obat kuat alami

    What i don’t realize is in fact how you’re now not actually a lot more well-appreciated than you may be right now. You’re very intelligent. You recognize thus considerably in the case of this topic, made me in my view believe it from so many numerous angles. Its like men and women don’t seem to be fascinated unless it’s one thing to accomplish with Girl gaga! Your personal stuffs nice. All the time care for it up!

  • 메이저토토사이트

    I am also commenting to let you know what a wonderful discovery my cousin’s princess gained visiting the blog. She came to find such a lot of things, including what it’s like to have a great helping spirit to have others very easily know a number of very confusing subject matter. You really surpassed readers’ expectations. I appreciate you for coming up with those useful, dependable, revealing and cool thoughts on that topic to Ethel.

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