The case of Topolewski v Blyschak arises from a collision between a commercial truck and a Honda Civic at the intersection of Mary Street and Hodgins Avenue in Chiliwack. Mr. Topolewski had driven his commercial truck northbound on Mary Street intending to make a right turn onto Hodgins Avenue.
Mr. Topolewski moved into the left turn lane and stopped for the red light but did not signal his intent.
Not seeing a signal, Ms. Blyschak assumed that the truck was turning left and moved up to the intersection in preparation for her intended right turn.
When the light turned green, both drivers began to turn right. The right front fender of Mr. Topolewski's truck scraped the left side of Ms. Blyschak's vehicle and pushed it partially onto the curb.
Justice Marzari ruled that
Based on all of the evidence, I find that Mr. Topolewski’s right turn into Ms. Blyschak’s vehicle from the dedicated left-turn lane at the intersection constituted a breach of his standard of care as a driver. I thus find that he was negligent, subject to my findings on causation and damages.
Right Turn at an Intersection
The Motor Vehicle Act does allow a driver of a long vehicle to make a wide right turn at an intersection:
165 (1) If the driver of a vehicle intends to turn it to the right at an intersection, the driver must cause it to approach the intersection and then make the turn as close as practicable to the right hand curb or edge of the roadway.
Obeying Traffic Controls
However, because Mr. Topolewski had occupied the dedicated left turn lane, he was bound to follow the instruction of the arrow on the pavement and turn left:
125 Unless otherwise directed by a peace officer or a person authorized by a peace officer to direct traffic, every driver of a vehicle and every pedestrian must obey the instructions of an applicable traffic control device.
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