BC Court of Appeal Finds 60/40 Split of Fault Appropriate For Left Hand Turn Crash at Uncontrolled Intersection
Reasons for judgement were published this week by the BC Court of Appeal overturning a trial result and finding that a 60/40 split of fault was appropriate following a collision involving a left hand turning vehicle at an uncontrolled collision.
In the recent case (Randhawa v. Evans) the Respondent Evans was turning left at an uncontrolled intersection. There were three lanes in the opposite direction of travel. The traffic in the two lanes closest to the Respondent stopped. Believing the curb lane was clear the Respondent commenced a left turn. At the same time the Appellant Ms. Paul was travelling in the curb lane in the the opposite direction. She failed to realize the vehicles to her left had stopped to allow the Respondent to turn left. At the same time the Respondent failed to realize the Appellant was travelling int he curb lane and the vehicles collided.
At trial the REspondent was found 10% at fault for the crash with the Appellant shouldering 90% of the blame. The BC Court of Appeal found this apportionment was wrong and substituted a finding of 60% blame for the left turning vehicle and 40% for the ongociming Appellant. In reaching this liability split the Court provided the following reasons: