What is the test for determining whether a defendant driver who entered a through street from a parking lot from the parking lot is liable for causing a collision?

British Columbia, Canada


The following excerpt is from Bedwell v. McGill and Currie, 2006 BCSC 369 (CanLII):

The defendant relies upon the decisions of Burnyeat J. in Richards v. Parker, 2003 BCSC 758 where the defendant entered a through street from a parking lot in an attempt to make a left turn across single westbound traffic in order to travel in an easterly direction. There was a double solid yellow line dividing the two opposing lanes of traffic along most of the through street but there was a gap in the double line near the parking lot exit to permit drivers to cross the through street from either direction and gain access to the parking lot. The collision occurred when the defendant turned left out of the parking lot across the path of the plaintiff’s vehicle which had pulled out to pass a vehicle turning right into the shopping mall parking lot. Burnyeat J. concluded that the plaintiff’s vehicle constituted an immediate hazard to which the defendant ought to have yielded and he declined to find contributory negligence on the part of the plaintiff.

Other Questions


What is the test for determining whether a driver is 50% responsible for a collision between two vehicles in a parking lot? (British Columbia, Canada)
What is the test for determining that there is an adversity in interest between a group of defendants in a parking lot accident and a defendant who allegedly failed to properly inspect and maintain the parking lot? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for causing a plaintiff’s injury? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant can be held liable for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a driver entered the intersection as a red light? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for damages in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for loss of income as a result of their actions? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for additional damage to a plaintiff's asymptomatic, but not debilitating, pre-existing injury? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.