Can a driver in a two-lane road drive in the left passing lane at an unmarked t-intersection?

British Columbia, Canada


The following excerpt is from Hanson v. Yun, 2013 BCSC 2313 (CanLII):

In Richards v. Parker, 2003 BCSC 758, Burnyeat J. made two pertinent points regarding driver’s liability when entering t-intersection. First, if the line in the road is broken, a driver in a two-lane road can drive in the oncoming traffic lane to pass a vehicle if that driver can clearly see oncoming traffic and can safely do so. While this manoeuvre will likely violate the Motor Vehicle Act, unless the violation causes or contributes to the accident, it will not be negligent. Second, a driver on a two-lane road can pass a car in the left passing lane at an unmarked t-intersection if that driver can clearly see oncoming traffic.

Other Questions


What is the applicable law for a driver who is not a dominant driver but a servient driver? (British Columbia, Canada)
What is the legal test for a driver who drives through a yellow light and is struck by another driver? (British Columbia, Canada)
Can a court draw an inference that a driver has breached the standard of care because that driver was driving in the wrong lane? (British Columbia, Canada)
What is the difference between a left turning driver and an oncoming driver in a collision? (British Columbia, Canada)
What is the obligation of a passing motorist to wait to pass another vehicle? (British Columbia, Canada)
Can a dominant driver be found contributorily negligent in a collision involving a servient driver? (British Columbia, Canada)
What is the test for a driver in a servient position to fix any portion of the blame on the dominant driver? (British Columbia, Canada)
Does a bus driver have a duty of care to prevent a female passenger from falling out of her seat when the bus passes over a speed bump? (British Columbia, Canada)
Does a servient driver have an obligation to yield to the dominant driver? (British Columbia, Canada)
What is the test for a motorcyclist who claims that the driver in front of her vehicle failed to signal her intention to turn and, therefore, caused him to drive into her vehicle? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.