Many people assume that the left turning driver is always at fault. In fact, the Motor Vehicle Act provides that the oncoming driver must yield to the left turning driver where the left turning driver has acted reasonably in starting his turn and is an “immediate hazard”. Often, left turning drivers must turn blind because they cannot see behind vehicles stopped in front of them. The oncoming driver can be held liable to to excessive speed and passing other vehicles on the right, which must only be done when it can be done safely. Courts have held that vehicles must be reasonably cautious at busy intersections.
At uncontrolled intersections. The vehicle on the driver’s right as the right-of-way, but it is not absolute. If the other driver is close to the intersection, then the right-of-way shifts.
With respect to intersections with traffic lights, the Motor Vehicle Act requires that, when the traffic light changes to green motorists must wait for vehicles already in the intersection to clear the intersection. This often arises because of the increase in pedestrian controlled lights. Vehicles cross the street just as the light turns green for the other vehicles and the other vehicle crossing the intersection is still in the intersection. Both drivers can be liable in that case.
Any accident resulting in a serious injury requires an investigation immediately after the accident, including careful witness interviewing and the involvement of engineers to analyze the accident scene and vehicles and to document the condition of the roadway.
Bruce Lemer has been counsel in actions involving serious soft tissue injuries, whiplash injuries and back injuries, including spinal fractures and paralysis, since 1982. We ensure that all necessary medical and expert physician evidence is obtained to prove your case. Where appropriate he will retain independent medical experts and arrange private MRI’s, or CT scans to avoid the long wait in the public medical system. We cover all expenses and are paid only when the settlement or judgment is obtained.
Bruce Lemer: Burnaby Personal Injury Lawyer, Delta Personal Injury Lawyer, New Westminster Personal Injury Lawyer, Richmond Personal Injury Lawyer, Surrey Personal Injury Lawyer, Vancouver Personal Injury Lawyer