While driving his motorcycle on Enterprise Way in the city of Kelowna the claimant slammed into a truck. The pick-up truck was in the process of turning left from Hunter Road onto Enterprise Way when the collision occurred. Liability for the collision was denied by the defendants.(Tumback v. King, 2019 BCSC 1561)
As a result of the motorcycle collision, the claimant suffered soft tissue injuries to his neck, right shoulder, right elbow and low back.
The claimant was riding his 2009 V Star 950 motorcycle. He stopped at the exit from the Home Depot parking lot before proceeding onto Enterprise Way. The defendant was driving a 2011 Dodge Ram 1500 Pickup truck. The location of the accident was a treacherous intersection because of the high volume of traffic.
The court found the defendant saw a gap in the traffic and proceeded with his left hand turn. The pick-up truck saw the motorcycle was approaching after so he stopped his truck in the middle of his turn blocking the southbound lane causing the accident.
Section 175 of the Motor Vehicle Act,R.S.B.C. 1996, c. 318, required the defendant to stop at the stop sign controlling traffic on Hunter Road and yield the right-of-way to the motorcycle. The motorcycle was an immediate hazard when the defendant started to turn left.
The motor cycle driver first noticed the defendants’ truck in the intersection 100 feet from Hunter Road and took evasive action to avoid the collision without success. There was nothing the cyclist could have done to avoid the accident. The Supreme Court found the defendant truck driver 100% responsible for the motor vehicle collision.
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