In this left turn car accident case (Kelly v. Yuen) the injury claimant was driving at the intersection of West Broadway and Manitoba Street in Vancouver, BC. West Broadway at this intersection is a three-lane street in each direction. The claimant was in the inside lane heading east facing a green light and waiting with her turn signal on to make a left-hand turn across the three lanes and onto Manitoba Street. The traffic was backed up in both directions. A car in the inside west-bound lane was stopped, as was a car to its right, in the middle west-bound lane. Cars are not permitted to travel in the curb lane at that time of day, it is restricted to buses and bicycles, but the other driver decided to use this lane anyway.
The court said that the authorities make it clear that for fault to be found against the dominant driver (other driver) in situations where the servient driver is making a left turn in front of stopped traffic, the evidence must establish that the dominant driver had a sufficient opportunity to avoid the accident, of which a reasonably careful and skillful driver would have availed him or herself .
In this case the court found that the other driver, “flagrantly ignored the restriction on travel in the curb lane in a clear attempt, in my opinion, to drive along the restricted lane in order to get to his destination earlier rather than wait like other responsible drivers who were complying with the curb lane restriction.”
As a result, the judge ordered that that other driver was caused solely negligent for the accident.
In Stapley v. Hejslet, 2006 BCCA 34 at para. 46, the Court of Appeal set out ten factors that have a bearing on the amount of damages to be awarded for pain, suffering and loss of enjoyment of life. The court took into account those factors and the injury cases referred to by the personal injury lawyers in finding that her knee has been the primary and ongoing focus of her physiotherapy and rehabilitation but her soft tissue whiplash injuries were significant and affected her activities and lifestyle.
The judge accepted that the injury claimant was recovered after about 18 months and awarded her $30,000.00 for pain and suffering. There was also an award of $1530.00 for her out of pocket expenses. Posted by Mr. Renn A. Holness