Vancouver ICBC Left Turn Accident Lawyers
One of the most common accidents our experienced Vancouver ICBC Left Turn Accident Lawyers handle, are accidents occurring at intersections controlled by traffic lights. The Motor vehicle Act of BC sets out rules governing liability that play a huge role in whether you win or lose a Vancouver ICBC left turn accident case case. A recent Vancouver ICBC Left Turn Accident decision from 2016 is helpful in enabling our Vancouver personal injury lawyers to explain how liability works in these Vancouver car accident and Vancouver personal injury cases.
Spencer MacLean Vancouver ICBC Left Turn Accident Lawyers Team Member
Our lawyers handle serious car crash accident cases across BC and Spencer MacLean is a key team member who focuses his personal injury practice in Vancouver and Fort St John BC. Call Spencer direct at Tel 604 697 2804 or email him at firstname.lastname@example.org .
He regularly blogs on key personal injury cases and he brings a calm and compassionate demeanour to helping his clients. He has been highly rated by his satisfied clients and has multiple 5 star ratings on lawyerratingz. Spencer works tenaciously to help our clients recover their health and the largest possible financial settlement. As a key member of our MacLean Law’s Vancouver ICBC left turn accident lawyers, he will meet with you at your home or at the hospital while you recover. Talk with us before you talk to ICBC. You can call Spencer toll free at 1-877-602-9900 to meet with him for free on any accidents you suffer across BC.
Rules For Who Is To Blame On Left Turn Crashes Explained By MacLean Personal Injury Vancouver ICBC Left Turn Accident Lawyers
Swieczko v. Nehme 2016 BCSC 399 sets out both our statutory and common law rules:
Proportion of Liability The applicable sections of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, are:
128 (1) When a yellow light alone is exhibited at an intersection by a traffic control signal, following the exhibition of a green light,
(a) the driver of a vehicle approaching the intersection and facing the yellow light must cause it to stop before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, before entering the intersection, unless the stop cannot be made in safety,
129 (1) Subject to subsection (2), when a red light alone is exhibited at an intersection by a traffic control signal, the driver of a vehicle approaching the intersection and facing the red light must cause it to stop before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, before entering the intersection, and subject to the provisions of subsection (3), must not cause the vehicle to proceed until a traffic control signal instructs the driver that he or she is permitted to do so.
Yielding right of way on left turn
174 When a vehicle is in an intersection and its driver intends to turn left, the driver must yield the right of way to traffic approaching from the opposite direction that is in the intersection or so close as to constitute an immediate hazard, but having yielded and given a signal as required by sections 171 and 172, the driver may turn the vehicle to the left, and traffic approaching the intersection from the opposite direction must yield the right of way to the vehicle making the left turn. Madam Justice Warren succinctly sets out the law concerning liability for a collision between a left-turning vehicle and a straight-through driver in Lozinski v. Maple Ridge (District), 2015 BCSC 1277 at paras. 70-71:
However, in a case involving a left-turning driver and a straight-through driver who collide in a traffic-light controlled intersection, it is the colour of the lights that determines which of the drivers has the right of way and, accordingly, which is dominant: Miller v. Dent, 2014 BCCA 234. Where the left-turning driver has entered the intersection without breaching traffic signals and the straight-through driver enters the intersection on a red light, the left-turning driver is dominant and the straight-through driver is servient: Miller, at paras. 14 and 16; and, Henry v. Bennett, 2011 BCSC 1254 at para. 73.
In such a case, the left-turning driver is entitled to proceed on the assumption that oncoming traffic will act in accordance with the law and, in particular, will stop for a red light, absent any reasonable indication to the contrary and provided he or she acts with reasonable care: Kokkinis v. Hall (1996), 19 B.C.L.R. (3d) 273 (C.A.). See also Uyeyama (Guardian ad litem of) v. Wittenberg,  B.C.J. No. 1883 (C.A.); Henry; and, Lee v. Tse, 2013 BCSC 1740 at para. 49. This does not mean that a left-turning driver is entitled to treat a red light as a guarantee of safe passage. The left-turning driver is entitled to assume that oncoming traffic will stop at a red light but must also react reasonably to manifest hazards: Tejani v. Greenan, 2001 BCSC 803 at para. 29.
Our Vancouver ICBC Left Turn Accident Lawyers will meet with you for free and we don’t receive our fees until you get your settlement or trial judgment.