Liability For Left Hand Turn Cases: Am I At Fault?

In a collision where one driver is making a left-hand turn and the other driver is going straight, the assumption is often that the left-hand turn driver is 100% at fault. However, depending on the circumstances, liability can be split between both drivers.

The law of Nova Scotia places a strict onus on drivers making left-hand turns in the face of oncoming traffic. Sections 122(3) and (4) of the Motor Vehicle Act state that a driver of a vehicle intending to turn left, whether within an intersection or not, must yield to any vehicle approaching from the opposite direction which is within the intersection or close enough to constitute an immediate hazard. Having so yielded and signaled (using the left-hand turn blinker), they may then proceed to turn left, and any other vehicles approaching must yield to them.

Canadian and Nova Scotia courts have consistently emphasized the heavy responsibility on the left-turning driver.  The left-hand turn should only be made after the driver has assured themselves that it is safe to do so. If a driver turns left in the face of oncoming traffic that is so close as to pose a hazard, courts have often found the left-turning driver 100% liable.

However, there are instances where the oncoming driver may be found contributorily negligent, leading to shared liability. If the left-turning driver can show that the oncoming driver engaged in specific conduct or failed to act in a manner that a reasonable person would expect under the circumstances, some liability may be placed on the oncoming driver. Examples include:

1)     accelerating while approaching the intersection to beat the red light;

2)     traveling at a high rate of speed or racing;

3)     proceeding without adjusting speed when the vision of other vehicles is impaired or blocked;

4)     extreme inattention, like looking down while entering the intersection;

5)     attempting a dangerous or illegal passing manoeuvre;

6)     entering the intersection after the left-turner has already entered and begun their turn (so close as to constitute an immediate hazard).

Of note, the Supreme Court of Canada in Walker v. Brownlee and Harmon, 1952 CanLII 328 (SCC), indicated that even a driver with the right of way has an obligation to prevent a collision if possible:

… [A] driver entering an intersection, even although he has the right of away, is bound to act so as to avoid a collision if reasonable care on his part will prevent it.  To put it another way: he ought not to exercise his right of way if the circumstances are such that the result of his so doing will be a collision which he reasonably should have foreseen and avoided.

Do you have questions regarding liability for a left-hand intersection collision? Whether you were the oncoming driver or the left-hand driver, please don’t hesitate to contact us.  We offer free consultations in most cases, with no obligation to retain our services moving forward.

Carter Simpson has prepared this document for information only. It is not legal advice. You should consult Carter Simpson about your unique circumstances before acting on this information. Carter Simpson excludes all liability for anything contained in this document and any use you make of it.