This case involves determining the liability for a collision at the intersection of 86 Avenue and 160 Street in Surrey. Joshua Donato had stopped for the stop sign westbound on 86 Avenue turning right onto 160 Street. Lai Quach was driving southbound on 160 Street turning left onto 86 Avenue. They collided in the intersection.
View of the Intersection Involved
Mr. Donato's View
Mr, Donato stopped at the marked stop line on 86 Avenue at 160 Street. Due to limited visibility he moved forward and slightly to the right in anticipation of making the turn. He had not entered 160 Avenue but was scraped by Ms. Quach's vehicle as she made her left turn onto 86 Avenue.
He immediately took photos of the position of his vehicle to show where he was when hit.
Ms. Quach's View
Ms. Quach did not have a good recall of the incident. She was not clear whether the Donato vehicle was stopped at or after the stop line. She thought that she was going straight when their vehicles came into contact.
She told the court that she did not know how she had ended up hitting Mr. Donato's vehicle.
The Decision: Turning Left Unsafely
Madam Justice Morellato examined the law with regard to entering a highway after stopping for a stop sign and turning at intersections.
Mr. Donato had stopped as required, then moved forward to improve his sight line and scan the intersection. He was positioned to the right as far as was possible without encroaching on the cycle lane.
He had taken reasonable steps to avoid a collision.
She found that Ms. Quach failed to exercise due care and veered into Mr. Donato's vehicle while making her left turn.
Ms. Quach was entirely responsible for the collision.
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