The case of Haughian v Jiwa determines liability for a crash on Sunset Street in Burnaby. The driver who caused the crash was trying to enter an angle parking space improperly and was struck by the driver following behind her in the adjacent lane. What is unique in this incident is that the spaces here requires a driver to back in.
The Collision
Kathleen Haughian was proceeding eastbound on Sunset Street east of Smith Avenue using the left lane. Sunset Street in this location consists of two lanes in each direction with angle parking on both sides. The angle parking is toward traffic on the north side and away from traffic on the south side.
Ms. Haughian attempted a 135 degree right turn to occupy one of the south side parking spaces and was struck in the passenger door by Mr. Jiwa when she did so. She was under the mistaken impression that the curb lane was a parking lane and that other traffic should not be driving in it.
Aside from the discussion on how this trial was to proceed, the court examined driving without reasonable consideration for others, moving from lane to lane and turning to proceed in the opposite direction.
Decision on Liability
Ms. Haughian was not able to shift some of the liability for the collision onto Mr. Jiwa by showing that he should have been able to anticipate her actions and stopped before colliding with her.
Proper Parking Method
Ms. Haughian should have used the curb lane, signalled, come to a safe stop and then backed into the space she had chosen.
These spaces are not available to traffic travelling in the opposite direction due to the single solid yellow line. It is not legal to cross it to park.
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