Surrey INTERSECTION ACCIDENT LAWYERS
Intersection Collisions – Surrey ICBC Personal Injury Claims Lawyers
Bungay Law Office – Surrey: intersection collision lawyers with over 11 years experience.
Intersections Accidents:
We have over a decade of experience representing drivers involved in collisions at intersections. Intersections include lights, flashing lights, crosswalks, and stop signs, to name a few. We have helped drivers that are confused about liability when the accident occurred at an intersection. If you have been the victim of an intersection collision in Surrey; we can help.
Bungay Law Office
(ICBC injury claims lawyers)
Surrey Intersection Accident Lawyers
Call us today for a free consultation
604-512-0301
Intersection collision lawyers for Surrey and all of BC
Intersection accidents are fact specific – speak to a lawyer before you assume you are at fault
The law surrounding intersections is set out in the statutes, regulations, and informational websites. Even with this abundance of information, you may still be uncertain whether you are at fault. This is normal considering the fact that most accidents do not occur in the same way. There may be a case out there that could help you even if you would normally be found at fault. That is why you should always speak to a lawyer before you assume you are at fault for an accident in an intersection.
Left turns accidents… without an experienced intersection collision lawyer to help, you will have difficulty showing you are not at fault
A very common type of intersection collision is when a driver is going straight through an intersection and another driver is making a left hand turn. The law is such that the left turning driver has an obligation to make their turn safely. Many judges have discussed this principle, including Justice Lambert in Carich v. Cook. Justice Lambert wrote that “…The question as a driver turns left is whether there is any vehicle in any approaching lanes that constitutes an immediate hazard. If there is, the turn should not be made. If there is not, then the turn can be made and of course, care should be taken throughout the turn and as each new lane is entered to make sure that the situation as it was assessed when the turn started has not changed in the meantime. …”
This implies a duty on the left turning driver to continue to watch for hazards even after they have commenced their turns. However, the left turning driver has rights as well, and the circumstances dictate who is at fault. As your lawyers, we look at past intersection collision case law and try to find cases that can help convince ICBC that you were not at fault.
When your view of the straight through drivers is blocked, you should wait for an unobstructed view. In one case, a bus blocked the view of a left turner. The left turner, assuming the intersection would be clear, took the turn and hit a straight through driver. The left turner was held only 60% responsible. The straight through driver was held 40% responsible for overtaking the bus without a full view of the intersection.
In another case, a straight through driver was held 100% responsible for hitting a left turner. That driver ran a stale light, when all the other drivers going the same direction managed to stop. In another case with similar facts, where other drivers stopped at an amber light but one driver went through the light anyways, there was a 50/50 split in liability. As you can see, the same facts can result in different findings of liability. That is why having an experienced intersection collision lawyer can be beneficial to you. We can speak to witnesses that were present at the time of accident and ask questions that will show you acted reasonably in making your turn or deciding to run a stale light. We know the right questions to ask, and when to ask them.
A straight through driver could be held at fault for not being in an appropriate lane. In one case, the straight through driver was driving in a lane restricted to buses and bicycles. Even though the straight through driver had a green, he was at fault for the accident.
As you can see, you should always speak to an experienced lawyer about the circumstances surrounding a collision in an intersection. We are here to help, and are willing to explain the law as it relates to your circumstances.
Bungay Law Office
(ICBC injury claims lawyers)
Surrey Intersection Accident Lawyers
Call us today for a free consultation
604-512-0301
Intersection collision lawyers for Surrey and all of BC
Intersection collisions: keep the conditions in mind
In one case, a driver was attempting a left hand turn on a highway. The area was covered in dense fog and the visibility was not good. The left turner did not appreciate that a vehicle was travelling down the highway when it commenced its turn, resulting in a collision. Both drivers were equally to blame. The left turner was at fault for entering the intersection when it was unsafe, and the straight through driver failed to drive safely given the conditions.
Flashing green lights – watch for pedestrians crossing
When you approach an intersection with rapid intermittent flashes of green light, you are required to approach the intersection in such a manner that will allow you to stop if needed. Your vehicle must yield to pedestrians at such a crossing. However, this also depends on the circumstances. For example, if the pedestrian runs into the intersection out of nowhere, this may reduce your liability.
Stops signs – did you gain the right of way?
Normally, when you are at a stop sign and you turn onto a street with no stop signs or lights, you are required to wait at the stop sign until it is safe to proceed. You also have a general duty to maintain a proper lookout.
If you proceed at a time you think it is safe, that may be enough to prove you are not liable. In one case, a vehicle driving straight on a road going double the speed limit was held 67% liable for an accident. The vehicle that had been waiting at a stop sign had gained the right of way when he entered the intersection at a time the speeding vehicle was not an immediate hazard.
Single vehicle collisions in intersections – dodging hazards created by other vehicles
If you can show that another vehicle caused you to crash, the other vehicle could be held at fault. In one case, a vehicle that was turning left caused a vehicle going straight to swerve to avoid a collision. The left turning vehicle was held responsible for the accident. That vehicle should not have turned left when the vehicle driving straight was an immediate hazard.
Inoperative traffic lights – look to your right
When you are at an intersection and the traffic signal lights are not working, you should do two things. First, look to your right. If a vehicle is stopped to your right, they have the right of way. Second, look to see if there is already a vehicle entering the intersection. If there is, you must stop and yield to that vehicle.
Bungay Law Office
(ICBC injury claims lawyers)
Surrey Intersection Accident Lawyers
Call us today for a free consultation
604-512-0301
Intersection collision lawyers for Surrey and all of BC
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