This case involves a serious collision at the intersection of the Trans Canada Highway and Bench Road in North Cowichan. A southbound car turning left at the intersection and a northbound motorcycle proceeding at high speed facing a yellow light meet in the middle.
Pre-Collision Events
Wynston Weighill was returning from a shopping trip to Duncan with his girlfriend as a passenger. They were southbound, facing a green light. Mr. Weighill stopped in the left turn lane for Bench Road and then pulled into the intersection, remaining to the right of centre.
Richard Neufeld was riding a motorcycle northbound in the right lane following a cube van and two pickup trucks. His wife was seated behind him as a passenger. The flashing yellow advance warning began to flash and the pickups prepared to stop for the yellow light at the intersection.
Mr. Neufeld decided to beat the yellow light. He accelerated and moved to the left lane attaining an estimated speed of 130 to 140 km/h as he passed by the pickups.
The Collision
After the cube van cleared the intersection, Mr. Weighill began to make the left turn, not seeing the approaching motorycle.
The impact moved the car 3m sideways. The passenger in the car and the riders were seriously injured.
Disobeying the Yellow Light
Mr. Weighill was issued a traffic ticket for failing to yield when making a left turn. He disputed the ticket.
Judicial Justice Gordon found that Mr. Weighill had acted reasonably in the circumstances. Mr. Neufeld failed to stop for the yellow light and was traveling at excessive speed. He ceased to be an immediate hazard that Mr. Weighill was required to yield to.
The ticket was dismissed.
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