CASE LAW - Trytko v Kafafi
This case involves the determination of liability for a two vehicle collision in a traffic circle (referred to as a roundabout in the decision) at the intersection of Jervis Street and Nelson Street in Vancouver. Carrie Trytko was driving northbound on Jervis Street and entered the traffic circle after yielding to traffic approaching from her left. Once in the circle she observed Merdahd Kafafi approaching from her right. The court found that Mr. Kafafi failed to slow as he entered the circle and the two vehicles collided.
This traffic circle does not have yield signs posted at any of it's entries, making it an uncontrolled intersection.
The Honourable Judge Lee referred to section 173(1) of the Motor Vehicle Act which requires drivers entering uncontrolled intersections to yield to traffic on their right:
173 (1) Except as provided in section 175, if 2 vehicles approach or enter an intersection from different highways at approximately the same time and there are no yield signs, the driver of a vehicle must yield the right of way to the vehicle that is on the right of the vehicle that he or she is driving.
He found Ms. Trytko to be 75% at fault for the collision because she failed to yield to Mr. Kafafi. In turn, Mr. Kafafi was found to be 25% at fault because if he had slowed as he approached the collision would not have occurred.