The B.C. Lower Mainland District Traffic Services Division of the Royal Canadian Mounted Police issued a press release today urging motorcyclists to slow down. There have been four fatalities and another serious motorcycle crash causing injuries in August alone in the Lower Mainland. It was indicated that sometimes motorists making left hand turns in front of oncoming motorcycles failied to see the motorcycles, especially if the motorcycles are speeding.
When a car accident or motorcycle collision occurs involving a left-turn, depending on whether the collision occurred at an intersection or not, the Motor Vehicle Act sections 165 and 166 set out the rules to be followed. Depending on whether there are traffic lights at the intersection, other sections may come into play.
Legally, there is the concept of the "dominant driver" and the "servient driver." In most instances, the driver making the left turn, with respect to oncoming traffic that is not turning will be the "servient driver" or must yield the right of way to the "dominant driver." However, as mentioned in the press release, if the other vehicle is speeding, the left turning driver may have gauged that that vehicle was far enough away not to be a hazard and started their turn. Every case is different, and independent witnesses can be extremely helpful in determining exactly what happened in the car accident, and who was at fault.
If you or a loved one are injured in a car accident or motorcycle collision, the lawyers at Becker Lavin & Wessler can assist in explaining how the Motor Vehicle Act and the applicable case law can apply to your case, and help you get on the road to recovery from your injuries. Whether you have suffered soft tissue injuries, road rash from having to lay your motorcycle down, broken bones, a head injury or spinal injury, we can help.
Labels: dominant driver, head injury, I.C.B.C., left turn, motorcycle fatality, press release, r.c.m.p., servient driver, soft tissue, spinal injury
