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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 06-21-2009, 01:45 AM   #1
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Left turner suddently changes mind?

If I'm turning left on a green light and there is no oncoming traffic except for a car turning left and when I'm turning, the car that's turning left decide to head straight, which may cause an accident with my car, will I be at fault for this accident since I failed to yield to oncoming traffic or will he be at fault because he changed his mind?
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Old 06-21-2009, 02:14 AM   #2
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You would be At Fault. It's your responsibility as a left turner to make sure that your way is clear.
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Old 06-21-2009, 08:39 AM   #3
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There is a good case concerning the liability of turning left that I have just posted to my web site: Najdychor v Swartz
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Old 06-21-2009, 09:03 AM   #4
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Hey skid, your site is incorrect in assessing the particulars of the case. Ms. Najdychor was going straight through the intersection, not turning right.

You stated: "This decision of the B.C. Supreme Court examines the situation where two opposing vehicles approach an uncontrolled intersection intending to turn in the same direction onto the cross street, one turning left and the other turning right, and who is at fault for the resulting collision."

However, according to the Citation you linked to, "[3] On the day of the accident, she left work intending to drive to her home in Ladner. At about 5:10 p.m., she was proceeding southbound on Cambie Street, driving her 1991 Honda Civic. The weather was clear and sunny. She was intending to turn right on Broadway (9th Avenue) in order to proceed to Oak Street and continue on to her home. Southbound traffic on Cambie Street was heavy. Ms. Najdychor was familiar with the area. She knew there was a right turn only lane on Cambie Street at the intersection of Broadway, which she was intending to use to make the turn onto Broadway."

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"[6] The curb lane ahead of Ms. Najdychor was clear as she approached the intersection of 8th Avenue and Cambie Street. She testified that as she approached the intersection, there were cars in the two lanes to her left (lanes one and two) which were moving, but more slowly than she was. She testified that her speed was 40 to 50 kph. She says that as she entered into the intersection of 8th and Cambie, a vehicle suddenly appeared in front of her. That was the defendant’s vehicle attempting a left hand turn from northbound on Cambie Street to proceed westbound on 8th Avenue."
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Old 06-21-2009, 11:42 AM   #5
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i believe it is a slight typo, as earlier in the passage they refer to broadway as 9th but it is 8th. traveling southbound on cambie, she wants to turn right onto 8th, to proceed west bound to oak, and the defendant is traveling northbound on cambie intending to turn left onto 8th, westbound.

at no point is it stated she is going straight.
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Old 06-21-2009, 12:23 PM   #6
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i believe it is a slight typo, as earlier in the passage they refer to broadway as 9th but it is 8th.
Are you sure about that?

http://maps.google.com/maps?f=q&sour...,0.008959&z=17
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Old 06-21-2009, 12:23 PM   #7
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You would be At Fault. It's your responsibility as a left turner to make sure that your way is clear.

if the person was stoped at the intersection, with their turn signal on, and then guns it straight through the intersection. I would put the blame on them. as they clearly intended to turn. if they were going 50km/h down the road with their turn signal on, but didn't slow down at all and went straight though, then I would put the blame on you, as you didn't confirm they were actully going to turn.

of course without some good witnesses your are probably both screwed.
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Old 06-21-2009, 06:04 PM   #8
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Hey skid, your site is incorrect in assessing the particulars of the case.
Yep, thanks, just as you posted in the comment on the site. I guess I wasn't in the best frame of mind this morning when I posted it, and I've made the correction.
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Old 06-21-2009, 08:01 PM   #9
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if the person was stoped at the intersection, with their turn signal on, and then guns it straight through the intersection. I would put the blame on them. as they clearly intended to turn. if they were going 50km/h down the road with their turn signal on, but didn't slow down at all and went straight though, then I would put the blame on you, as you didn't confirm they were actully going to turn.

of course without some good witnesses your are probably both screwed.
I agree.

That's why we need cameras in our cars
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