Emerging From an Alley

This case involves a collision on 18th Street at the lane west of Lonsdale Avenue in North Vancouver. One driver was emerging from an alley and the other was travelling through on the street.

Ms. Close

Andria Close was driving her Volkswagen Golf westbound on 18th Street approaching the alley after having left a parking spot.

Mr. Tigas

Ryan Tigas was driving his Mitsubishi Outlander northbound in the alley approaching 18th Street. Mr. Tigas' view to the east was obstructed by a truck and camper parked to the right of the lane on the south side of the street.

The Collision

Both drivers were travelling at a relatively low speed. Each driver saw the other just before impact but were unable to react and avoid colliding.

Emerging From an Alley

176 (1) The driver of a vehicle in a business or residence district and emerging from an alley, driveway, building or private road must stop the vehicle immediately before driving onto the sidewalk or the sidewalk area extending across an alleyway or private driveway, and must yield the right of way to a pedestrian on the sidewalk or sidewalk area.

(2) The driver of a vehicle about to enter or cross a highway from an alley, lane, driveway, building or private road must yield the right of way to traffic approaching on the highway so closely that it constitutes an immediate hazard.

The Judgment

Mr. Justice Macintosh found that Mr. Tigas was careless in proceeding onto 18th Street when he could not see the oncoming traffic. He also examined section 176 (2) MVA that governs the yielding of right of way when emerging from alleys. The emerging driver is required to yield to approaching traffic that is close enough to be an immediate hazard.

Mr. Tigas was found to be 100% at fault for the crash.

Learn More

• Read the Reasons for Judgment - Close v Tigas

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