CASE LAW - Heuring v Smith
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Information related to stopping.
Paul Hergott is a personal injury lawyer who practices in Kelowna and writes on a variety of topics about driving in BC and the consequences for the participants when things go wrong. In this article he writes about how sidewalks should be treated as stop signs.
Who’s responsibility is to place a stop sign at a rail crossing? Does one stop at the stop sign or before? Who’s responsibility is it that the track is visible from a distance of 5 or more metres? How is visibility of the track determined?
Perhaps you saw news coverage of the out of control commercial truck collision on the Coquihalla Highway last Friday. Witness accounts from the scene speculated that the combination appeared to have lost it’s brakes and may not have stopped at the mandatory brake inspection pullout nearby. No doubt this will be either confirmed or disproved when the investigation of the incident is complete.
One evening while patrolling in an unmarked police car I approached a cross street that was controlled by stop signs. I could see a car approaching from my right going fast enough that I was concerned that the driver did not intend to stop.
I drove to a 4 way stop intersection that had only single lanes in all four directions BUT also had a yield sign on my right hand. I stopped and then proceeded to turn right. My passenger said I had no need to come to a full stop and could proceed to turn right so long as I yielded to oncoming traffic or traffic from the left.
I recently received a ticket that I plan to dispute. The alleged offense was disobeying a stop sign. I would like to know if/how road conditions can factor into a dispute. The stop sign was at the end of a downhill exit ramp that led to a straight-ahead-or-left-turn-only intersection (left turn through underpass), and onto a different highway.
(1) what happens if you are the 2nd car in line stopped at a red light for instance, and a 3rd car rear ends you pushing you into the car in front? Can you be charged for rear-ending the 1st car in line even though you weren't moving?
I was stopped for several seconds behind one car at a stop sign. Does my stop count as a stop at the sign?
How often have you seen a driver exit an alley, parking lot or parkade and either zoom right across the sidewalk or make a first stop directly over top of it? This can make life difficult for pedestrians who may happen to be in the way. It shows that the driver is not thinking ahead as the sidewalk is there to be seen and the potential conflict with pedestrians recognized.