自己查一下LAM ET AL. V. CUMMING, [2002] B.C.T.C. 1413 (SC) 判決書。
直行闖黃燈撞左轉結果100%責任。
寫道:
I. Overview
[1] Slade, J. : There was a collision between a vehicle driven by Kim Kay Lam, and a vehicle driven by William David Cumming, at 10:00 p.m. on November 7, 1995. This occurred at the intersection of Kingsway Avenue and Royal Oak Street in Burnaby, B.C.
[2] Mr. Cumming had entered the intersection and was waiting for an opportunity to make a left turn. He saw the Lam vehicle approaching. The light turned yellow and, after a vehicle some distance ahead of the Lam vehicle cleared the intersection, he commenced his turn. The Lam vehicle entered the intersection on a late yellow or red light, and struck the Cumming vehicle broadside with such force that the passenger side wheels were lifted off the ground.
[3] The issue is whether Mr. Cumming, Ms Lam, or both, were negligent.
[4] I have concluded that Mr. Cumming was not negligent. Ms Lam's failure to obey the yellow light was the cause of the collision.
寫道:
VI. Summary and Conclusion
[44] The evidence reveals that:
1. Mr. Cumming was in the intersection, stopped, as Ms Lam approached from a distance of approximately 150 feet.
2. When the light turned yellow, Ms Lam was approximately 140 feet from the intersection, and was travelling at 50 kph.
3. After the last of several approaching vehicles cleared the intersection, Mr. Cumming commenced a left turn across traffic.
4. Ms Lam did not stop or slow her vehicle, and thus failed to respond to the presence of Mr. Cumming's vehicle, which had become the dominant vehicle by the operation of s. 174.
5. Ms Lam did not stop her vehicle, in contravention of s. 129(1).
In these circumstances, Mr. Cumming was not negligent in proceeding with his left turn.
[45] The action is dismissed, with costs to Mr. Cumming at Scale 3.