Left-turn accidents are among the most common types of collisions on Ontario roads. Due to their nature, the law places a significant burden on left-turning drivers to ensure their maneuver can be completed safely. This blog explains liability in left-turn accidents, relevant legal principles, and drivers' responsibilities under Ontario law.
Under the Highway Traffic Act (HTA), left-turning drivers must ensure their turn can be completed safely before proceeding. Several sections of the HTA outline these responsibilities:
These laws establish a strict duty for left-turning drivers to exercise caution and prioritize the safety of approaching traffic.
Ontario courts have consistently held that left-turning drivers bear a heavy burden of
proof to show that their turn was executed safely.
- In Boudreau v. Hiltz (2018 ONSC 694), the court reaffirmed that left-turning drivers must ensure their maneuver does not create a risk for oncoming vehicles.
- In Younes v. Nikzad (2010 ONSC 2488) and Payne v. Lane ([1949] OJ No 65) emphasize that a driver turning left must do so only when it is entirely safe to proceed.
If a left-turn collision occurs, the left-turning driver is presumed negligent unless they can
prove otherwise.
While the left-turning driver carries the primary burden of ensuring safety, oncoming
drivers also have a duty to exercise reasonable care.
- McElhatton v. Wales (2000 ABCA 94) established that an oncoming driver (the “dominant driver”) is not liable unless they were aware of should have been aware
of the impending collision and had an opportunity to avoid it.
- Goodwin (Estate of) v. Johnston (2002 NBQB 327) confirmed that the driver without the right of way must prove the dominant driver had a sufficient opportunity to prevent the collision.
In most cases, the dominant driver is entitled to assume that the left-turning driver will
obey the rules of the road and yield.
While speeding can contribute to an accident, it does not automatically absolve a left-
turning driver of negligence.
- Cooper v. Garrett (2009 BCSC 35) considered whether a speeding oncoming driver shared liability. The court determined that even if the oncoming vehicle was
travelling above the speed limit, the left-turning driver must still ensure the turn can be completed safely.
- Swartz Bros Ltd. v. Wills ([1935] SCR 628) ruled that a driver will be found negligent if they fail to see what was clearly visible.
Ultimately, while speed may be a factor in assessing contributory negligence, the primary
responsibility remains with the left-turning driver.
- Left turning drivers must ensure their turn is completely safe before proceeding.
- Oncoming drivers with the right of way are not typically liable unless they acted unreasonably.
- Speeding may be considered, but it does not override the left-turning driver’s duty to yield.
- Police reports and collision reconstruction play a crucial role in determining
fault.
Based on Ontario law and court precedents, left-turning drivers are generally 100% liable for a collision unless they can prove:
1. The oncoming driver was driving recklessly beyond an expected speed.
2. The oncoming driver had a clear and reasonable opportunity to avoid the collision
but failed to do so.
Given the strict liability imposed on left-turning drivers, ensuring a left turn is completely
safe before proceeding is essential. If you have been involved in a left-turn accident,
obtaining legal advice can help you understand your rights and options.
If you or a loved one has suffered a serious injury in a car accident, you don’t have to navigate this complex process alone. At HURT911 Injury Law, we have the experience and dedication to fight for your deserved compensation. Contact us today at 1-855-HURT911 (487-8911) or complete our secure online form for a free, no-obligation consultation.
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique; legal outcomes depend on specific facts and circumstances. If you require legal assistance, please contact a qualified personal injury lawyer.