In what circumstances will the court accept evidence that the traffic light was in the late yellow stage or all red stage at the time the collision occurred?
British Columbia, Canada
The following excerpt is from Robertson v. Rim, 2016 BCPC 179 (CanLII):
In Swieczko v. Nehme, 2016 BCSC 399, Koenigsberg J. considered a case that involved a collision between a left-turning vehicle and a vehicle going straight-through. In that case the court accepted the plaintiff’s evidence that he was making a left-hand turn at Westminster Highway when the traffic light was in the late yellow stage. She concluded that at the time the accident occurred the light was in the early red or all-red stage. She also found that the traffic light was in the late yellow stage or early red stage as the defendant entered the intersection. She concluded that the light had turned yellow when the defendant was well before the intersection and could have safely stopped.
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