CLIENT TALK
April, 2006
Making a Left Turn?
If you’ve ever wondered who has the right of way at an intersection, you’re not alone. The Motor Vehicle Act states that the driver intending to turn left must indicate her intention to do so by signalling and must yield the right of way to traffic approaching from the opposite direction where the approaching traffic is in the intersection or so close as to create an immediate hazard. However, if the approaching traffic is not in the intersection or is at a sufficient distance from the intersection so as not to create an immediate hazard, then the left turning driver has the right of way and the approaching vehicle must yield to her.
So what is an “immediate hazard”? The British Columbia Court of Appeal decided in 1963 that an immediate hazard was one where the approaching car would have to take “violent or sudden avoiding action” to avoid colliding with the left turning vehicle. On first blush this appears to be a common sense approach however, what happens when the approaching car is speeding or the view for one or both drivers is blocked? Our Court of Appeal tackled this issue in 1992 and determined that both drivers, the oncoming driver and the left turning driver, are responsible for any accident that results and that the division of blame will depend on the facts. In the case of speed, the speeding oncoming driver will be held more responsible for the accident then the left turning driver but the left turning driver will remain responsible for failing to keep a proper lookout.
Unfortunately, our courts have never been consistent in applying the decisions of the Appellate Court. Many fact driven situations have arisen to deviate from these earlier decisions. In some cases the oncoming car’s driver has been found completely at fault whereas in other cases the left turning driver has been blamed entirely for the accident. In one such case a left turning car collided with an oncoming vehicle and the left turning driver was found 100% at fault. The court determined that both drivers’ view was obstructed and therefore the left turning driver was under an obligation to not proceed unless it was safe to do so. Correspondingly, the oncoming driver was not required to assume that a car ahead may be making a left turn. In another case where both drivers’ view was obstructed the court found the oncoming driver partially at fault.
The law in British Columbia is not as clear as we would like. What is certain is that both driver’s need to keep a proper lookout of the road ahead of them. Never assume that a speeding vehicle is always at fault and never assume that an oncoming car has the right of way. As the cases have shown, each situation demands a close and careful investigation of the facts before determining who is at fault.
If you find yourself in a similar predicament consult with a lawyer to determine you legal rights. Never take for granted the police’s or the insurer’s determination of fault.
<< back to index 
The opinion(s) expressed in this article may not be shared by the Law Corporation and is the opinion(s) of the author. This article is not intended to substitute for the advice of a lawyer. Please consult a lawyer regarding any legal issues you may have.
Shook, Wickham, Bishop & Field
906 Island Highway, Campbell River, B.C., V9W
2C3
Tel: (250) 287-8355
Fax: (250) 287-8112
Email: wickham@crlawyers.ca
