CASE LAW - Gylytiuk v Krause
- Case Law |
- Collisions |
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.
The truth about this non-incident
My not realizing that a U-turn is illegal at that location is on me and I accept that, but there is no signage anywhere along Enterprise Way indicating no U-turns.
With a break in the on-coming traffic, I made my turn. My car is small, it turns on a dime. I've been driving it since 2006, I know how it handles.
I made the turn, and the front tire of the motorcycle behind me bumped into my drivers-side rear tire. That's it: a bump of two tires. The motorcycle remained upright and the driver seated on it the entire time.
We were in a line of traffic, and across from the Fire Station.
If that large motorcycle and the large man driving it had fallen, or if he was in any distress whatsover, myself and all the drivers around us, and probably all the firemen, would have rushed to his aid. But he was not in any distress, and he continued on without ever getting off the motorcycle, following me to a spot where we could talk.
He was perfectly fine. Not a mark on his motorcycle, not a mark on my car. Two tires bumped... that's all.
But this shameless and greedy person saw a golden opportunity and he dragged this NON-INCIDENT out in court for 4 years and it paid off VERY well for him in the end. $222,481.50 out of the pockets of every driver in BC.
Thankfully ICBC has changed the way it deals with personal injury claims because people like this motorcycle driver are the reason we pay what we all do for vehicle insurance in this province.
But what does he care, right? He's laughing all the way to the bank.