Tuesday 30 August 2011

I've got a green light, I can just go, right? Wrong!

Green does NOT mean that you have the right of way over all other vehicles.  Before you enter an intersection, even on a green light, you have obligations as a driver.

Section 127 of the Motor Vehicle Act requires drivers facing a green light to let vehicles or pedestrians lawfully in an intersection to clear.  That is, vehicles lawfully in the intersection have the right-of-way over vehicles with the green light.  It states:


127  (1) When a green light alone is exhibited at an intersection by a traffic control signal,
(a) the driver of a vehicle facing the green light
(i)  may cause the vehicle to proceed straight through the intersection, or to turn left or right, subject to a sign or signal prohibiting a left or right turn, or both, or designating the turning movement permitted,
(ii)  must yield the right of way to pedestrians lawfully in the intersection or in an adjacent crosswalk at the time the green light is exhibited, and
(iii)  must yield the right of way to vehicles lawfully in the intersection at the time the green light became exhibited, and
As a personal injury lawyer in Vancouver, I have seen too many accidents where a driver of a vehicle approaching a series of vehicles stopped at a red light.  The driver moves into the curb lane as he approaches the light it turns green.  The driver then accelerates to pass the vehicles stopped in the intersection.

The problem is that when one is passing on the right there are some blind spots where an unwitting driver will not notice a danger ahead.  The danger usually takes the form of a pedestrian, bicyclist, or slow driver trying to clear the intersection when the light turned red on them. [In "Jaywalker hit, driver blamed", I discussed the importance of s.158 of the Motor Vehicle Act (Passing on the Right).] http://personal-injury-lawyer-vancouver.blogspot.com/2011/08/jaywalker-hit-driver-blamed.html

The driver making no attempt to determine if it is safe to pass on the right, blindly speeds into the intersection failing to yield the right of way as required by s. 127 completely unaware of the various driving provision that have been violated and the danger that is about to be caused by his negligence.

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