Traffic Circle Collision

This case involves a cyclist, Javad Behragam, and a pickup truck driver, Peter Paviglianiti. The two collided in a traffic circle at West 10th Avenue and Birch Street in Vancouver. The trial was held to determine who was liable for the collision, the cyclist or the driver.

The Cyclist

Mr. Behragam was riding westbound on West 10th Avenue in a bicycle lane. He checked for other traffic and began to cross the Birch Street intersection. After entering the intersection he caught site of the pickup truck entering from his right, but was not able to stop in time and ran into the left side of it.

The Driver

Mr. Paviglianiti was driving southbound on West 10th Avenue. He checked for traffic as he approached the Birch Street intersection and did not see Mr. Behragam who was already present in the intersection to his left. He drove into the intersection and was struck by the cyclist.

No Yield Signs at This Traffic Circle

Justice Burke referred to the Motor Vehicle Act:

173 (1) Except as provided in section 175, if 2 vehicles approach or enter an intersection from different highways at approximately the same time and there are no yield signs, the driver of a vehicle must yield the right of way to the vehicle that is on the right of the vehicle that he or she is driving.

She went on to say that:

… The vehicle coming from the right has by statue or by-law the right of way, but where the other vehicle has reached the intersecting street substantially ahead of the one having the right of way he is not obliged to wait upon the other if the way appears to be clear.

The Court's Decision

Mr. Behragam was found to have entered the traffic circle sufficiently ahead of Mr. Paviglianiti and was considered to be the dominant driver. This required Mr. Paviglianiti to “use reasonable care to satisfy himself in a timely way that there was no traffic proceeding into the intersection from his left.”

Mr. Paviglianiti was found to be 100% at fault for the crash.

One point of interest in this case is the discussion of how far ahead of another one must enter the intersection to be considered the dominant driver.

Learn More

• Read the Reasons for Judgment - Behragam v. Paviglianiti

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