CASE LAW - Truax v Hryb

Harvey Truax stopped his empty B train combination on the shoulder of Highway 1 near Sorrento, B.C. He allowed the 4 vehicles that had been following him to pass by before he started to make a left turn across the highway into a pullout. His left signal was in operation and he had 300 to 400 m. of highway visible behind him. Finding no overtaking traffic, he began to move from the shoulder into the pullout across the highway.

As Mr. Truax shifted into third gear, he was struck on the left front of his tractor by a vehicle driven by Nicholas Hryb who had overtaken from the rear. Mr. Hryb tried to establish at trial that Mr. Truax had suddenly pulled out in front of him and caused the collision.

Mr. Justice Dley found that

[32] Looking at the entirety of the evidence, I cannot accept Mr. Hryb’s evidence to be reliable. There are too many mistakes, unknowns and inconsistences.

[33] I conclude that Mr. Truax commenced his turn when it was safe to do so. If Mr. Hryb had been paying attention, it would have been obvious that there was a vehicle ahead of him in his lane of travel. As the following vehicle it was incumbent upon Mr. Hryb to drive at a speed and in a manner that would give him time to avoid a collision. He failed to do so.

[34] Mr. Hryb had at least 300 metres to see that there was a vehicle moving into the travelled portion of the highway. I infer that if Mr. Hryb was paying proper attention to the traffic in front of him, he would have been able to avoid the collision.

[35] Mr. Truax did nothing wrong. The cause of the collision rests entirely with Mr. Hryb.

Link:

• Read the Reasons for Judgment - Truax v Hryb