Can a driver who overtakes a vehicle making a U-turn be held liable for failing to stop?

British Columbia, Canada


The following excerpt is from Jantzi v Moore, 2020 BCSC 1489 (CanLII):

In Sharma v. Kandola, 2019 BCSC 349, the plaintiff attempted to make a U-turn in order to park on the opposite side of a road. The defendant was not paying attention, was driving too fast and too close to the plaintiff, and did not see the plaintiff’s brake and left turn signals. The defendant attempted to pass the plaintiff on her left. The trial judge found that the plaintiff’s vehicle had pulled to the right before commencing her U-turn, but “at all times occupied a substantial portion of the eastbound driving lane prior to moving to the left” to make her U-turn. The trial judge found the defendant overtaking driver to be 100% liable.

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