CASE LAW - Najdychor v Swartz
This decision of the B.C. Supreme Court examines the situation where two opposing vehicles approach an uncontrolled intersection. One is turning left (Swartz) and the other is proceeding straight through (Najdychor).
In this case, the drivers saw each other at the last instant and Mrs. Najdychor took avoiding action, colliding with scaffolding and a light standard. She suffered a broken sternum as a result.
Mrs. Swartz was found to be negligent in making her left turn and was found to be totally at fault for the single vehicle collision involving Mrs. Najdychor when she took evasive action to avoid running into the Swartz vehicle.
The case presents an illustrative examination of the rules and liabilities for a driver when they choose to turn left at an intersection.