CASE LAW - Look Before You Go

BC Courts Coat of ArmsThis is a driver's version of what we teach our children to keep them safe. Look both ways before you cross the street! Nikolai Arcilla failed to follow this simple rule as he crossed Inverness Street at 49th Avenue in Vancouver. A crash resulting in a vehicle rollover was the result.

Heavy Traffic at the Time

Traffic was heavy on both roads at the time of the crash. Traffic westbound on 49th Avenue was bumper to bumper on both sides of the intersection preventing drivers from entering when the light turned green.

Watching for the Walk Signal

Ms. Jaura had stopped at the stop sign northbound on Inverness Street. She intended to travel straight through the intersection and waited until she saw the walk signal for pedestrians crossing 49th. This indicated to her that cross traffic had a red light and it would be safe for her to proceed.

Location of the Collision

Driver Fails to Look Before Moving

Mr. Arcilla was stopped in traffic westbound on 49th Avenue in the inside lane, also intending to travel straight through the intersection. He was at the front of traffic waiting for the red light at the intersection.

look both ways before you cross the street image

As Ms. Jaura began to cross 49th Avenue Mr. Arcilla moved ahead and failed to look to the sides to insure that it was safe to go. He collided with Ms. Jura's passenger door causing it to roll over in the intersection.

The Court Finds Fault

Mr. Justice Caldwell found that regardless of the state of the traffic light for travel on 49th Avenue, had Mr. Arcilla taken the time to look to his left before proceeding the collision would have been avoided. He found Mr. Arcilla 100% at fault for the collision.

Learn More

Share This Article