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Most drivers believe that if they are facing a green light at an intersection, they have the absolute right-of-way to drive through without any need to consider stopping.
A recent case in the B.C. Supreme Court on making left turns through stopped traffic illustrates that this is not a reasonable expectation.
The case of So v. Hu decided liability for a collision that occurred in the intersection of Granville Street and West 63rd Avenue in Vancouver.
Traffic was heavy at the time Ms. So tried to make a left turn from West 63rd Avenue to proceed north on Granville Street. Southbound on Granville Street there are three lanes. At the time of the collision, vehicles were parked in the curb lane and the middle lane had traffic that was stopped prior to the intersection. Traffic was flowing in the lane next to the centre line.
So stopped at the stop sign on West 63rd and then moved into the intersection to improve her view and attempt to complete her left turn. She could not see into the southbound lane closest to the centre line.
Mr. Hu was southbound on Granville Street, travelling at 72 km/h in the 50 km/h zone and facing a green light at West 63rd. He vehicle collided with So’s vehicle when she attempted to cross his lane and hesitated when she saw his vehicle approaching.
The judge in the case, Justice Shergill, began by observing that both drivers had a duty to exercise care in all circumstances. That is established by both common law and Section 144 of the Motor Vehicle Act.
Shergill went on to say it was not reasonable to have to wait at the stop line for a fully unobstructed line of sight across all lanes of rush hour traffic before making left turns. If thatwas the case, traffic during rush hour would be brought to a standstill.
Hu was characterized as having no regard for the fact his speed was inappropriate for the volume of traffic. His excessive speed was the primary cause of the collision, particularly since the presence of the pedestrian signal at the intersection might have required him to stop suddenly.
Shergill found Hu 70% liable for the collision and So 30% liable.
This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.
