CASE LAW - White v Sidhu

BC Courts Coat of ArmsThe case of White v Sidhu involves a collision at the intersection of 184th Street and 40th Avenue in Surrey. William White was driving his Dodge Ram northbound on 184th intending to turn left onto 40th. Amarjit Sidhu was driving her Honda Accord eastbound on 184th.

At issue is whether the collision was caused by Mr. White cutting the corner or Ms. Sidhu failing to stop at the stop sign.

Madam Justice Forth heard testimony from both drivers and found them to be credible witnesses. She decided that Mr. White had failed to turn left properly and Ms. Sidhu had failed to stop behind the marked stop line. Both were at fault for the resulting collision.

Analysis

If Ms. Sidhu had stopped her vehicle where she should have, being at the designated stop line, she would have been in a position of safety and would not have been struck by the Dodge. If Mr. White had been more attentive and not commenced his left-hand turn early, the Dodge would not have come into contact with the Honda. It was through the combined negligence of each driver that this Accident occurred.

I am not able to find that one of the drivers is more blameworthy than the other. They each bear equal responsibility. I conclude that liability for the Accident is appropriately apportioned 50 percent against Mr. White and 50 percent against Ms. Sidhu.