What is the liability of the driver who entered the intersection against a red light?

British Columbia, Canada


The following excerpt is from Morgan v. Hauck, 1988 CanLII 2846 (BC CA):

Because the situation is inherently dangerous, there is also a heavy onus on the traffic proceeding through the intersection. In my view the serious, I would say flagrant, fault was that of the defendant, who, upon seeing the two amber warning lights, speeded up his vehicle, already travelling at the speed limit, and entered the intersection against a red light. That I would describe as gross negligence in the old terminology. I stress this because I think it is common knowledge that it is something which is happening with greater and greater frequency in this province. I think it is time, therefore, to emphasize the heavy onus which rests upon drivers approaching signals of this kind to make due allowance for the possibility that there will be a vehicle seeking to make a turn such as the plaintiff was making on this day. Their clear duty is to comply with the warning lights and to not "run the red" I would note one additional fact, and that is that it was found that the plaintiff's left-turn signal was flashing. On these facts, I see no reason to disturb the apportionment of liability. It might even be open to doubt, in view of the decision of this court in Uyeyama v. Wittenberg [[1985] B.C.W.L.D. 4209], referred to by Mr. Justice Macfarlane, that any portion of the liability should have been placed upon the plaintiff. But the circumstances were different in some respects and, in any event, that issue is not before us. I agree that the appeal should be dismissed.

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