This case resolves the liability for a crash where a driver making a left turn drove over the painted traffic island to get to the left turn lane rather than wait for traffic ahead. Unfortunately, the car ahead was also turning left and a collision occurred when that driver moved into the left turn lane without making a shoulder check first.
Ms. Nguyen
Thi My Tien Nguyen was returning home after a day at work, driving eastbound on 100 Avenue in Surrey. She intended to turn left onto 140 Street using the dedicated left turn lane at the intersection. Rather than remaining in the left through lane until the left turn lane began, she anticipated the turn by moving onto the painted traffic island.
Ms. Busink
Evelyn Busink was also driving eastbound on 100 Avenue intending to turn left onto 140 Street. Ms. Busink moved into the left turn lane when it began without looking to her left and struck Ms. Nguyen's vehicle.
Painted Traffic Island
Learn to Drive Smart's chapter on signs, signals and road markings tells a driver that they must keep to the right of a painted traffic island and not drive on or over it.
The Court's Decision
Mr. Justice Skolrood examined the circumstances and dismissed Ms. Nguyen's claim against Ms. Busink.
[61] This case is different from, for example, a left turn situation where a driver turns across a through lane in which the other driver is lawfully travelling. There, the turning driver is obliged to check to ensure the manoeuvre can be safely made. Here, the defendant was not turning left but rather entering the turning lane at a point where she was entitled to do so and in circumstances in which there was no reason to expect or anticipate another driver would emerge through the cross-hatch median.
[62] In contrast, the plaintiff was driving where she was not supposed to be and was overtaking the defendant on the left when it was unsafe to do so.
[63] In the circumstances, I find that the plaintiff is 100% liable for the Accident.
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