The case of R v Kafka involves a crash between a pickup truck and truck tractor that was making a wide left turn. The pickup driver passed the heavy truck over a double solid line thinking that the truck was moving right to park at the side of the road.
Pre-Collision Events
Robert Pitman-Jelly was driving a tractor trailer southbound in the 9800 block of West Saanich Road in North Saanich. His intent was to turn left into the driveway for the Marine Technology Centre.
To prepare for the turn, Mr. Pitman-Jelly moved to the right side of the road in order to make a wide left turn due to the length of his vehicle combination. He was aware of traffic around him and judged that he had sufficient time to make the turn safely.
He signalled and started to make his turn only to have a passing vehicle collide with the left front corner of his tractor.
Jesse Kafka was the driver of the vehicle that struck Mr. Pitman-Jelly's vehicle. He explained that he saw Mr. Pitman-Jelly's vehicle stopped on the right side of the lane with no signal showing. He waited 30 seconds and then started to slowly pass. Mr. Pitman-Jelly started to turn left and struck his vehicle.
Crossing a Double Solid Line
In general, the Motor Vehicle Act requires drivers to stay to the right of a double solid line:
155 (1) Despite anything in this Part, if a highway is marked with
(a) a solid double line, the driver of a vehicle must drive it to the right of the line only,
Witnesses to the crash did not support Mr. Kafka's explanation of the event.
The Judicial Justice found that Mr. Kafka had crossed the double solid line while passing and convicted him of the offence.
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