A vehicle stopped near an intersection may not be parked. It may be waiting for a pedestrian, another vehicle or some other reason. Lee v. Cheuck, a British Columbia Small Claims Court decision, illustrates why that distinction can matter.
The collision
Mr. Lee and Mr. Cheuck were travelling in the same direction and both intended to turn right at the intersection ahead.
Lee had moved to the right edge of the roadway and was waiting for a pedestrian to clear the crosswalk before making his turn. While Lee was waiting, Cheuck pulled up beside him. Cheuck believed that Lee's vehicle was parked.
When the pedestrian cleared the crosswalk, both vehicles turned right and collided.
What the court decided
The court found that Cheuck was at fault for making an improper right turn. Lee was also found to have contributed to the collision because he failed to look and see Cheuck before proceeding.
Liability was divided equally between the two drivers.
A stopped vehicle is not necessarily a parked vehicle
The case illustrates a simple problem with assuming that a stopped vehicle is parked.
From Cheuck's perspective, Lee's vehicle was stopped at the side of the road. But Lee was not parked. He was waiting for the pedestrian to clear the crosswalk so that he could turn right.
There may be no way to know immediately why another vehicle has stopped. A driver who approaches from behind should consider that the vehicle may be waiting to proceed rather than simply being parked.
That is particularly important when the approaching driver intends to move alongside the stopped vehicle.
Look before you turn
The other part of the lesson comes from Lee's conduct.
Lee was entitled to wait where he was for the pedestrian to clear. That did not remove his responsibility to observe what was happening around his vehicle before proceeding with the turn.
The court found that Lee failed to look and see Cheuck before he proceeded. A look could have provided information about the vehicle that had pulled up beside him.
When preparing to turn right, it is useful to know what is beside you, even when you believe you are properly positioned for the turn.
Use the last vehicle on your right as a block
There is also a practical driving technique that I was taught when preparing to turn right: use the last vehicle on your right as a block.
As you approach, make sure that the vehicle used for the block is unoccupied and not about to move. Pass by the vehicle and move over toward the curb in the same way that you would make a lane change.
This can reduce the opportunity for another vehicle or cyclist to move up on your right before you turn. It does not replace a shoulder check or other observation of the area beside and behind your vehicle.
In this case, looking at the vehicle beside him would have given Cheuck another piece of information. He could have seen that Lee was sitting in the driver's seat. That would not necessarily have told him what Lee intended to do, but it would have provided a reason to consider that the vehicle was stopped for a purpose other than parking.
The judgment does not discuss whether Lee used a turn signal, so no conclusion can be drawn about that. A signal, if one was being used, could have been another clue about his intentions, but it is not part of the court's findings.
Don't rely on assumptions
The collision in Lee v. Cheuck resulted from two different assumptions.
Cheuck assumed that Lee's stopped vehicle was parked. Lee failed to look and see the vehicle that had pulled up beside him.
Neither assumption gave either driver the information needed to safely complete the turn.
The lesson
Lee v. Cheuck is a useful reminder that knowing where you intend to go is only part of making a safe turn. Before proceeding, take the time to determine what the other vehicles around you are doing.
A stopped vehicle may not be parked, and being properly positioned to turn does not eliminate the need to look.
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