What is the impact of the collision between a car and a defendant vehicle at a roundabout?

British Columbia, Canada


The following excerpt is from Trytko v. Kafafi, 2006 BCPC 349 (CanLII):

The photographs presented into evidence depict that the impact of the vehicles occurred at the north-east portion of the roundabout and that the left front bumper of the defendant’s vehicle contacted the right front wheel well area and front door. Just looking at the location of the impact of the vehicles, it would be logical to conclude that the claimant’s vehicle may have arrived at the intersection ahead of the defendant’s vehicle. However, the early entry appears to be at best by a “matter of a few feet or by a fraction of second.” Certainly, that does not constitute reasonable and substantial prior entry into the intersection as in the Blundell v. Pfeiffer case. Even if it is accepted that the claimant’s vehicle arrived at the intersection ahead of the vehicle driven by the defendant, the claimant failed to establish that the defendant had “sufficient opportunity to avoid the accident of which a reasonably careful and skillful driver would have availed himself.”

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