CASE LAW - Najdychor v Swartz

BC Courts Coat of ArmsThis 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.


If you actually read the citation, Ms. Najdychor was going straight through the intersection of 8th Ave., where she was hit, and was planning to turn right at the next block (Broadway/9th Ave.)

Need a different case to illustrate this point :)

Yes, you are correct. I must have been asleep this morning when I read it. I've modified the story to reflect reality.