What is the burden of proving that a driver made a left turn when it was safe to do so?
British Columbia, Canada
The following excerpt is from Ishii v. Wong, 2015 BCSC 922 (CanLII):
As noted in Nerval v. Khehra, 2012 BCCA 436 at para. 35: The effect of s. 174 is to cast the burden of proving the absence of an immediate hazard at the moment the left turn begins onto the left turning driver. This result flows inevitably from the wording of the section itself, given the nature of the absolute obligation the section creates. If a left turning driver, in the face of this statutory obligation, asserts that he or she started to turn left when it was safe to do so, then the burden of proving that fact rests with them.
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