CASE LAW - Nikkhah v Batin
This case involves a Shaw Cablesystems van driven by Mauricio Batin and a motorized wheelchair driven by Najafholi Nikkhah at the intersection of Queens Avenue and 8th Street in New Westminster. Mr. Batin was driving along Queens Avenue to make a right turn at 8th Steet and Mr. Nikkhah was using the marked crosswalk on 8th Avenue to cross Queens Avenue. Mr. Batin did not see Mr. Nikkhah and a collision resulted.
Mr. Justice Voith examined the evidence and found Mr. Batin 100% at fault for the collision. He discussed pedestrian right of way at signalized intersections as well as starting a vehicle and turning right at a red light.