The BC Court of Appeal allowed the appeal of a left-turning Plaintiff that was found at trial 100% responsible for a motor vehicle collision ( link )
The case involved the Defendant (Merrison) passing two or three cars and a truck on the right to make a right turn at the intersection, where the Plaintiff, (Smeltzer), who was travelling in the opposite direction, was making a left turn at the intersection.
[23] This accident happened because neither driver saw the other before they collided. That was because both proceeded in a manner that contravened the provisions of the Act: Ms. Merrison breached s. 158 and Ms. Smeltzer breached s. 166. Ms. Merrison could not see Ms. Smeltzer’s vehicle while she was wrongfully passing the cars and the truck ahead of her on the right and she was not looking where she should have been; Ms. Smeltzer could not see Ms. Merrison’s car while her vision was obstructed and she did not take steps to ascertain her turn could be safely made. I do not consider it is possible to establish different degrees of fault in the circumstances of this case such that in accordance with s. 1 of the Negligence Act, R.S.B.C. 1996, c. 333, liability is to be apportioned equally.
Labels: Court of Appeal, left turn, passing on the right
