Driving related decisions by the courts.
A BC Supreme Court decision explains how drivers must safely turn across a dedicated bike lane and why both the driver and cyclist were found partly responsible for the collision.
Opening a vehicle door seems like a routine action, but it carries a legal responsibility. Section 203(1) of British Columbia's Motor Vehicle Act requires that you must not open a vehicle door into moving traffic unless it is reasonably safe to do so. A recent BC Supreme Court decision shows that this duty remains even when the approaching road user also shares responsibility for the collision.
Passing lanes are designed to help drivers move safely around slower traffic, but problems can arise when a pass is not completed before the lane ends. A BC court case provides an important lesson about cooperation, awareness, and avoiding a collision when two lanes become one.
A BC Supreme Court case considered a rear-end collision that occurred while drivers were complying with BC's Slow Down, Move Over law. The court concluded that complying with the law did not make the following driver negligent when another vehicle made an unsafe last-minute lane change.
Drivers sometimes have only seconds to react when another vehicle does something unexpected. In that moment, the safest option may not be obvious. But if your split-second decision results in a traffic violation, will the courts excuse it because you were trying to avoid a collision?
If you stop at a stop sign, does the cross-traffic always have the right-of-way? Most drivers in British Columbia assume the answer is yes, but the legal reality under the B.C. Motor Vehicle Act (MVA) might surprise you.
When waiting at a red light, how much space should you leave between your vehicle and the car ahead? A common rule of thumb is to ensure you can see the rear tires of the leading vehicle touching the pavement. However, when a multi-vehicle chain-reaction accident occurs, failing to leave a wide gap does not automatically make you legally liable for the damage.
If you are parallel parked on a busy British Columbia street and get boxed in by vehicles parking too close to your bumpers, pulling out safely can feel like an impossible task. However, a tight parking space does not excuse a driver from their statutory duties.
My highway patrol unit was issued its first laser speed measuring device back in the early 1990s. It quickly became a popular enforcement tool due to its precision in targeting specific vehicles and measuring speed accurately. Just like radar before it, laser technology required time for case law to mature in the courtroom.
Under Section 95 of the British Columbia Motor Vehicle Act, driving while prohibited is treated as a full mens rea offence. This means that to secure a conviction, the Crown must prove beyond a reasonable doubt that you had actual knowledge of the prohibition.