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Vehicle Goes Through Red Light

The courts have determined fault in similar crashes involving vehicles running red lights: - If a vehicle enters an intersection on a green light but their view was blocked, they are not at fault if a crash occurs, unless they saw the other traffic and failed to avoid it. - If one vehicle enters an intersection illegally on a red light but another vehicle had a duty to ensure the intersection was clear before entering on their green light, both drivers may be found 50% at fault. - The court will rely on eyewitness testimony and evidence like damage to vehicles to determine which driver unlawfully entered the intersection against a red light.

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84 views2 pages

Vehicle Goes Through Red Light

The courts have determined fault in similar crashes involving vehicles running red lights: - If a vehicle enters an intersection on a green light but their view was blocked, they are not at fault if a crash occurs, unless they saw the other traffic and failed to avoid it. - If one vehicle enters an intersection illegally on a red light but another vehicle had a duty to ensure the intersection was clear before entering on their green light, both drivers may be found 50% at fault. - The court will rely on eyewitness testimony and evidence like damage to vehicles to determine which driver unlawfully entered the intersection against a red light.

Uploaded by

jamesbeaudoin
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Vehicle goes through red light

When a vehicle runs a red light and crashes, a court will generally rule that it is 100
per cent at fault. The court will assess the credibility of both drivers, along with any
other relevant factors, to decide which one drove through the red light. (Motor
Vehicle Act, Section 129)

If ICBC adjusters cannot determine which vehicle failed to obey the red light, then
each vehicle is assessed 50 per cent fault.

Motor Vehicle Act section(s): Section 129

Who did the courts find at fault?


When ICBC assesses who is at fault for a crash, we do so based on how the courts
have decided fault in previous, similar crashes.

The courts have the final say about who is at fault. Here is what the courts in British
Columbia have decided in cases like the crash example above:

Related B.C. court cases


Wong v. West

Ferguson v. Lush

Antonio v. Powell

Wong v. West
In the British Columbia Court of Appeal case of Wong v. West [1959] 30 WWR 526, a
driver was coming up to a controlled intersection when his light turned green. He
entered the intersection without stopping and collided with a car crossing the
intersection. The car beside him had blocked his view.

The court said that under the circumstances the driver with the green light was
entitled to proceed through. He had no duty to cars that had disobeyed the light and
entered the intersection, unless he had seen that traffic. If he had seen that traffic,
he should have taken steps to avoid hitting it. In this case his view was blocked,
therefore he was not at fault.

Ferguson v. Lush
In the British Columbia Court of Appeal case, Ferguson v. Lush [2003] BCCA 579,
one driver was headed north on Hornby Street in Vancouver. As she approached the
intersection of Drake Street the light turned green. As she entered the intersection
she saw another vehicle coming from her right and they collided.

The court found that the driver coming from the right had entered the intersection
illegally, because the light had turned red. However, because he was held up by
another vehicle turning right at the intersection, which made the intersection not
clear, the driver coming into the intersection from Hornby Street should have waited
for the intersection to clear. They were each found to be 50 per cent at fault.

Antonio v. Powell
In the British Columbia Court of Appeal case, Antonio v. Powell [1997] MVR (3d)
135, two vehicles entered the intersection of Cordova Bay Road and Royal Oak Drive
in the District of Saanich. Each driver had his own light, but both drivers said that
the light was green for them. Clearly, one of them was mistaken. There was an
independent witness, whom the judge believed. This witness said that he was
preparing to stop on Royal Oak Drive, therefore the light was either a late yellow, or
was red. In addition, the damage to the vehicles pointed to the fact that the driver
on Royal Oak had entered the intersection illegally. The Cordova Bay Road driver was
therefore not at fault.

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