CASE LAW - Haughian v Jiwa
In this case, Kathleen Haughian was proceeding eastbound on Sunset Street east of Smith Avenue in Burnaby, B.C. Sunset Street in this location consists of two lanes in each direction with angle parking on both sides. The angle parking is toward traffic on the north side and away from traffic on the south side. This is an odd arrangement for parking on the south side.
Ms. Haughian was using the lane closest to the center line and Alykahn Jiwa was following closely behind in the curb lane. Ms. Haughian attempted a 135 degree turn to occupy one of the south side parking spaces from the fast lane and was struck in the passenger door by Mr. Jiwa when she did so. She was under the mistaken impression that the curb lane was a "parking lane" and that other traffic should not be driving in it.
Aside from the discussion on how this trial was to proceed, the court examined driving without reasonable consideration for others, moving from lane to lane and turning to proceed in the opposite direction.
Ms. Haughian was not able to shift some of the liability for the collision onto Mr. Jiwa by showing that he should have been able to anticipate her actions and stopped before colliding with her.
If Ms. Haughian would have used the curb lane, signaled, come to a safe stop and then backed into the parking space she would have been able to deal properly with this unique traffic situation.
A view eastbound on Sunset Street from just east of the Smith Avenue intersection in Burnaby, B.C.