Fault Of Accident

Contributed - Feb 12, 2005 / 5:30 am | Story: 7023

Q: Many times, vehicles turning right onto a busy thoroughfare have pulled out right in front of me. My question is this, at what point does a vehicle turning right change from him being at fault to me rear ending him? Obviously if I t-bone him, its clear he would be at fault, but what if he completes the right turn, yet I don't have time to slow down, and rear end him. I was always under the impression a rear ender is always the following cars fault, would this be an exception to that rule?

A: There are many considerations to your question. How far past the intersection did the collision occur? How was the speed of your vehicle? Are there any independent witnesses to the collision? Vehicle entering a roadway must yield to all through traffic which includes cyclists and pedestrians. The rules are as follows:

Entering through highway
Section 175 (1) of the Motor Vehicle Act indicates that if a vehicle that is about to enter a through highway has stopped in compliance with section 186,
(a) the driver of the vehicle must yield the right of way to traffic that has entered the intersection on the through highway or is approaching so closely on it that it constitutes an immediate hazard, and
(b) having yielded, the driver may proceed with caution.
(2) If a vehicle is entering a through highway in compliance with subsection (1), traffic approaching the intersection on the highway must yield the right of way to the entering vehicle while it is proceeding into or across the highway.

Emerging from alleys
Section 176 (1) of the Motor Vehicle Act indicates that the driver of a vehicle in a business or residence district and emerging from an alley, driveway, building or private road must stop the vehicle immediately before driving onto the sidewalk or the sidewalk area extending across an alleyway or private driveway, and must yield the right of way to a pedestrian on the sidewalk or sidewalk area.
(2) The driver of a vehicle about to enter or cross a highway from an alley, lane, driveway, building or private road must yield the right of way to traffic approaching on the highway so closely that it constitutes an immediate hazard.

Constable R.A.(Richard) ASELTON
Central Okanagan Traffic Services - Media Liaison
Kelowna R.C.M.P. Detachment

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.

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About the Author

Tim Schewe is a retired constable with many years of traffic law enforcement experience. He has been writing his column for most of the 20 years of his service in the RCMP.

The column was 'The Beat Goes On' in Fort St. John, 'Traffic Tips' in the South Okanagan and now 'Behind the Wheel' on Vancouver Island and here on Castanet.net.

Schewe retired from the force in January of 2006, but the column has become a habit, and continues.

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