The case of Vujevic v Parnell involves the determination of liability for a u turn crash that happened near the intersection of the Mount Seymour Parkway and Fairway Drive in North Vancouver. At this location the Mound Seymour Parkway is a three lane road in a residential area.
Circumstances of the Collision
Doreen Parnell was driving her Dodge Ram pickup and was parked eastbound on the Mount Seymour Parkway. She had the right side wheels of her vehicle partially onto the curb or sidewalk.
Anita Vujevic was driving her Mazda 3 eastbound on the Mount Seymour Parkway as well. As she passed by the Parnell vehicle Ms. Parnell started to make a u turn and the two vehicles collided. Ms. Parnell stopped and backed up, scraping the side of the Mazda again.
Ms. Parnell denies liability for the collision and suggested that if she is, the liability should be shared equally.
Making a U Turn
U turns can only be made in a few situations on B.C. roads. When they are, it is up to the driver making the u turn to do so safely.
Justice Doyle said:
[172] The left shoulder, side view mirror and rear view mirror checks which the defendant described making during her testimony make perfect sense if the defendant’s truck was stopped on the shoulder as described by the plaintiff. The defendant’s evidence about when she completed those checks varied. If she did make them, it is clear that her checks were deficient: the defendant turned her truck and immediately hit the plaintiff’s vehicle. If she did not make them, or did not make them in a timely way in relation to commencing her turn, the legal impact is the same.
Decision on Liability
Justice Doyle found Ms. Parnell to be 100% at fault for the crash.
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