What is the test for determining whether a driver entered the intersection as a red light?

British Columbia, Canada


The following excerpt is from Smith v. Morrison, 2021 BCCRT 597 (CanLII):

31. I find the circumstances here are similar to the case of Hurdle v. Lagore, 2014 BCSC 2316. The accident in Hurdle also involved a left turning driver who claimed the light had turned red before she started her turn, and the driver going straight through the intersection (on a motorcycle) claimed he entered the intersection as the light turned yellow. As in this case, there were several independent witnesses in Hurdle with irreconcilable evidence about the colour of the light. Mr. Justice Crawford found that the motorcycle driver entered the intersection on a “later yellow”, and that he chose to proceed when he likely could have stopped. Nevertheless, Mr. Justice Crawford found the left turning driver bore the majority of fault because she did not see the oncoming motorcycle when it was there to be seen. On that basis, he held the left turning driver 80% at fault.

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