CASE LAW - Radjenovic v Bains
Uros Budimac was parked at the side of West 11th Avenue in Vancouver. He signalled, shoulder checked and seeing nothing approaching pulled out to travel eastbound. Part way out of the parking space he shoulder checked again and saw the headlights of another vehicle approaching him. He stopped and was struck on the left front corner by a taxi driven by Parbhjot Bains. The collision pushed his vehicle sideways into the vehicle that was in the parking space in front of the one that he was exiting.
The decision here revolves around whether Mr. Bains was not driving with sufficient care or whether Mr. Budimac had pulled out of the parking space when it was not safe to do so. Discussion of the law applicable to starting from a stopped position and driving without due care is contained in these reasons for judgment.