This case decides the liability for a collision at the intersection of 184th Street and 40th Avenue in Surrey. Was the collision caused by a driver cutting corners or a driver failing to stop at the stop sign? Madam Justice Forth makes the decision.
Location of the Collision
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.
Ms. Sidhu's Position
Ms. Sidhu says that she came to a full stop with the front of her Honda Accord just past the marked stop line. She told the court that she remained stopped and that Mr. White turned left too sharply and hit her car. He is responsible for the crash.
Mr. White's Position
Mr. White says that he approached the intersection intending to turn left. He slowed his Dodge Ram pickup down to about 20 km/h and was struck by Ms. Sidhu when she failed to stop properly for the stop sign. She is responsible for the crash.
Cutting Corners or Not Stopping?
Madam Justice Forth heard testimony from both drivers and found that they were both credible witnesses.
She examined cutting corners and decided that Mr. White had failed to turn left properly.
She also agreed that Ms. Sidhu had failed to stop behind the marked stop line.
Both were at fault for the resulting collision.
The Decision
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.
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