CASE LAW - Gylytiuk v Krause
The case of Gylytiuk v Krause arose from a collision between a car and a motorcycle being driven on Enterprise Way in Kelowna. Brian Gylytiuk was riding his motorcycle behind a car driven by Julia Krause east of the intersection with Dilworth Drive. A U-Turn performed by Ms. Krause caused the collision.
Ms. Krause had intended to travel straight through on Dilworth Drive but was unable to leave the right turn lane due to heavy traffic and so ended up on Enterprise Way. Rather than travel around the block, Ms. Krause decided to make a U-turn on Enterprise Way and go back to Dilworth Drive. She moved right in anticipation and then initiated the U-turn.
Mr. Gylytiuk was following 2 to 3 car lengths behind Ms. Krause at the time she made the U-turn. He was unable to avoid her vehicle and a collision resulted.
At trial, Ms, Krause conceded that she was somewhat responsible for the crash, but alleged that Mr. Gylytiuk was partially at fault as well.
Justice Hori examined section 168 MVA which governs making a reverse turn. Ms Krause should not have made the U-turn on two grounds, first that it was in a business district and second was that it could not be done without interfering with other traffic.
He also observed that Mr. Gylytiuk "should have been travelling at a rate of speed and with sufficient space between his motorcycle and the defendants’ vehicle that would have allowed him to react to the unexpected actions of the defendant, such as a sudden stop or an illegal U-turn."
Justice Hori apportioned liability for the collision 75% to Ms. Krause and 25% to Mr. Gylytiuk. Mr. Gylytiuk was awarded $222,481.50 for damages.