CASE LAW - Varga v Kondola
Nicola Varga was late for an Epicure party and was using her iPhone's GPS app to navigate westbound on the Lougheed Highway from the Golden Ears Bridge in Pitt Meadows. She needed to make a left turn at the Park Road intersection so she began to make her way from the acceleration lane across three lanes of traffic to the left turn lane for the intersection. As she crossed from the center through lane to the left through lane she was hit from behind by a delivery truck driven by Bryan Kondola.
That collision caused the Varga vehicle to cross over the median and strike an oncoming vehicle driven by James Swanson in the curb lane on the other side of the highway.
Mr. Kondola had followed Ms. Varga onto the Lougheed Highway and took up a position in the middle lane two vehicles behind her. He watched the two vehicles jockey for position and formed the opinion that Varga did not know where she was going and was a hazard due to her sudden lane changes. He did not slow or change lane position until Ms. Varga lane changed immediately in front of him and braked. At that point all he could do was brake, but he was not able to avoid the collision.
The Honourable Madam Justice Griffin discussed the Motor Vehicle Act provisions regarding driving without due care and lane changing in the context of the evidence. She found Ms. Varga 75% at fault for making the unsafe lane change and Mr. Kondola 25% at fault for failing to exercise caution in the face of Ms. Varga's erratic driving.