What is the burden placed on a left turning driver in a collision?
British Columbia, Canada
The following excerpt is from Robertson v. Rim, 2016 BCPC 179 (CanLII):
In a more recent case, Nerval v. Khehra, 2012 BCCA 436, the court described the two-part burden placed upon a left turning driver under s. 174, as follows: (1) to demonstrate that when the left turning driver commenced his or her turn, there was no immediate hazard; and (2) if the through driver is found to be the dominant driver, to show that the through driver nonetheless was negligent and at fault for causing or contributing to the accident.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the duty of a servient driver in a collision involving a dominant driver to prevent a collision? (British Columbia, Canada)
What is the difference between a left turning driver and an oncoming driver in a collision? (British Columbia, Canada)
Is a dominant driver entitled to continue on if the left-turning driver has the right-of-way? (British Columbia, Canada)
What is the test for a driver who stops at the scene of a collision to obtain the licence plate number of the other driver? (British Columbia, Canada)
What is the burden of proving that a driver made a left turn when it was safe to do so? (British Columbia, Canada)
What is the burden of proof for a driver in the servient position in a motor vehicle collision? (British Columbia, Canada)
Can a dominant driver be found contributorily negligent in a collision involving a servient driver? (British Columbia, Canada)
Is a driver required to anticipate another driver’s actions to avoid a collision? (British Columbia, Canada)
In a rear-end collision, does the following driver have any responsibility for causing the collision? (British Columbia, Canada)
What is the burden on a driver to prove that they started turning when it was safe? (British Columbia, Canada)
