22 Dec Left Turning Vehicle Collides with Oncoming Car

The Plaintiff in Enns v. Corbett, 2020 BCSC 1680, sought damages for personal injuries sustained in a motor vehicle collision at an intersection.  The Plaintiff was making a left turn when his car was t-boned by a truck driven by the Defendant.  Liability was at issue.

The standard of care which both drivers had to meet was the general duty of every motorist to drive with due care and attention, and by the rules of the road as set out in the Motor Vehicle Act, R.S.B.C. 1996, c. 318:

1. A driver approaching an intersection on a yellow light must come to a stop before entering the intersection, unless the stop cannot be made safely;
2. Where a driver intends to turn left in an intersection, the driver must yield the right of way to traffic 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 the driver may turn left, and traffic approaching the intersection from the opposite direction must yield the right of way to the left-turning vehicle;
3. The driver has a duty to signal upon making a turn;
4. There is a general duty on all motorists to drive with due care and attention, and reasonable consideration for others on the road.

The judge held that the Plaintiff, in executing his left turn, did not proceed blindly with no regard for his obligation to act reasonably. He looked for oncoming traffic and, seeing none, initiated his turn. He did, however, fail to signal, a factor which was found ultimately to have no material bearing on the collision. The Defendant accelerated and entered the intersection on a stale yellow light, breaching the relevant standard of care expected of a driver in her position.

The judge concluded that the Plaintiff was not contributorily negligent. The Defendant was found 100% responsible and liable for the collision.