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Auto Injury Claim Dismissed due to Lack of Care


The Court of Appeal has upheld the dismissal of this personal injury lawsuit as the claimant entered the intersection imprudently without care and attention and at a time when the  other vehicle constituted a threat of collision (Jones v. Treloar, 2014 BCCA 492).
The claimant was driving his motorcycle at Georgia Street and  Broughton Street in Vancouver when he  accelerated rapidly going around a left-turning vehicle. The other vehicle therefore did not have the opportunity to see, perceive or react to the sudden appearance of the claimants motorcycle.
The trial judge concluded, based on her analysis of the relevant law, that the other driver was the dominant driver and enjoyed the right of way as she entered the intersection. The Court of Appeal accepted that rather than taking a rigid approach the trial judge noted the legal duty on the other driver, despite being the dominant driver was to “avail herself of any sufficient opportunity to avoid an accident if she was aware, or should have been aware, of the servient driver’s own disregard of the law”.
Learn more about this area of the law, read the following case in which the other driver flagrantly ignored the restriction on travel in the curb lane- left turn car accident case .
 
 

Tags: At Fault, Car Accident Claim, Motor Cycle Accidents, Negligence

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