Bainne | 01-12-2011 10:07 AM | Quote:
Originally Posted by xpl0sive
(Post 7261775)
exactly... the van had the right of way in this case. the van was already in the intersection and stopped in time so he wouldnt hit the infinity. the cam car then has to give the van the right of way to CLEAR the intersection. the cam car is at fault in this accident | Since when does a yellow light mean you have the right of way in an intersection?
A yellow light means STOP, unless it is unsafe to do so.
"the driver of a vehicle approaching the intersection and facing the yellow light must cause it to stop before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, before entering the intersection, unless the stop cannot be made in safety…"
The yellow light ticked on at 12:26:26, we see the van rolling over the crosswalk at 12:26:29 during a very late stage amber light. Noriega v. Lewars, 2008 BCSC 1405 Quote: Who has the statutory right-of-way is informative; however, it does not determine liability in an accident. Drivers with the statutory right-of-way must still exercise caution to avoid accidents where possible. In Walker v. Brownlee, [1952] 2 D.L.R. 450, Cartwright J. states at paras. 46-47:
[46] The duty of a driver having the statutory right-of-way has been discussed in many cases. In my opinion it is stated briefly and accurately in the following passage in the judgment of Aylesworth J.A., concurred in by Robertson C.J.O., in Woodward v. Harris, [1951] O.W.N. 221 at p. 223: "Authority is not required in support of the principle that a driver entering an intersection, even although he has the right of way, is bound to act so as to avoid a collision if reasonable care on his part will prevent it. To put it another way: he ought not to exercise his right of way if the circumstances are such that the result of his so doing will be a collision which he reasonably should have foreseen and avoided."
| I expect that this case (cam vs van) would come down to whether or not the plaintiff would be able to prove that the defendant (van driver) did not exercise due diligence in avoiding an accident - such as anticipating left turning vehicles and slowing down/stopping for a yellow light.
BC Case law pertaining to a similar accident. I am sure there are many of these scenarios, each interpreted different by different judges and based on different extenuating circumstances.
The honest fact of the matter is, this really could go either way. http://www.courts.gov.bc.ca/Jdb-txt/...08BCSC1405.htm
There are many other reasons for the Judge finding for the plantiff, but within the findings the Judge states: Quote:
I find that the defendant did not enter the intersection at the beginning of the amber light. The defendant, who was in a hurry, entered the intersection when it was not safe for him to do so, on a very late stage amber or red light. He should have stopped.
| Therefore, according to this particular case, entering an intersection during a late stage amber light is likely to be considered unsafe. |