This is the story of a two vehicle collision that happened in the uncontrolled intersection of Jervis Street and Gordon Avenue in Port Coquitlam, B.C. Michelle Olchowy was travelling south on Jervis Street and Clifford Tomkulak was travelling east on Gordon Avenue. Ms. Olchowy entered the intersection within a second or fraction of a second of Mr. Tomkulak.
Even though Mr. Tomkulak has the right of way in this situation, he had a statutory obligation to proceed in a manner that showed due care and attention and negligently failed to look to his left to determine if there was any traffic coming southbound from Jervis.
Liability was apportioned 75% to Ms. Olchowy and 25% to Mr. Tomkulak. The discussion of a driver's duties at an uncontrolled intersection is examined in arriving at this decision.
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