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 63 Avenue in Vancouver. Traffic was heavy at the time Ms. So tried to make a left turn from West 63 Avenue to proceed northbound on Granville Street.
Southbound traffic on Granville street consists of the 3 lanes. At the time of the collision vehicles were parked in the curb lane and the middle lane held traffic that was stopped prior to the intersection. Traffic was flowing in the lane next to the centre line.
Ms. 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 facing a green light at West 63rd. He collided with Ms. So when she attempted to cross his lane and hesitated when she saw his vehicle.
Justice Shergill began by observing that both drivers had a duty to exercise care in all circumstances. This is established by both common law and Section 144 MVA.
He went on to say that 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 this was the case, traffic during rush hour would be brought to a standstill.
Mr. Hu was characterized as having no regard for the fact that 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.
Justice Shergill found Mr. Hu to be 70% liable for the collision and Ms. So to be 30% liable.
Story URL: https://www.drivesmartbc.ca/case-law/left-turns-through-stopped-traffic
-- Tim Schewe Road Safety Advocate DriveSmartBC.ca
