CASE LAW - Niyokuku v Cheasley
The case of Niyokuku v Cheasley arose from a collision on 76 Avenue at the north exit of the Real Canadian Superstore in Surrey. Ms. Niyokuku turned westbound from the parking lot into the first through lane. In order to turn right at King George Boulevard she had to change into the curb lane of 76 Avenue and this is where she met Mr. Cheasley.
Mr. Cheasley was driving in the curb lane and the left front of his Dodge Nitro came into contact with the right rear of Ms. Niyokuku's Kia Rondo.
Each of them claimed that the other was responsible for the collision in a trial before Mr. Justice Brongers. He found that this was a case involving an unsafe lane change rather than a rear end collision.
Liability was assigned at 50% for both drivers as Ms. Niyokuku had made an unsafe lane change and Mr. Cheasley had failed to keep a proper lookout. He should have seen Ms. Niyokuku's signal and reacted defensively as he was aware of the traffic patterns at this location.