Indicating, but not turning – accident/crash
Who is at fault if a car signals but doesn’t turn? It’s a great question, and I don’t have an amazing answer. But turn signals don’t give other drivers any right to make assumptions.
In other words, it may be the fault of the driver who indicated but didn’t turn, the other road user(s), or a combination of both; but more often than not, the fault is decided on based on the driving laws, and the traffic control devices at the scene; not so much about turn signals.
Turn signals are nice, and we are supposed to always use them when we drive, but at the time time, we are not allowed to trust them. We are not allowed to assume that a car is going to go where it says it’s going to go. I know, it’s a bad deal, isn’t it?
I am not a traffic officer, police, lawyer, ICBC adjuster, or anything like that. But I can answer this question from my perspective as a driving instructor.
The Laws on Turn Signals
The funny thing is, the law says that we must always use our turn signals. But it doesn’t say that once a vehicle has signalled, other drivers can make an assumption about where it will go.
The law only says the usual stuff, the stuff that we all know about, such as:
- A driver at a stop sign must yield to another driver who isn’t facing a stop sign
- A driver at a red light must yield to a driver that is facing a green light (i.e. right turn on red light)
- A driver who is turning left at a green light must yield to an oncoming driver who is turning right
- Turning Right on a Green Light
- Turning Left at a Traffic Light
- Turning Right on a Red Light
- BC Motor Vehicle Act Regulations
Traffic laws do not indicate anything about how a turn signal can be your guarantee to take the right of way
Here’s a simplified example of how these sorts of things may happen.
If these vehicles are actually turning left simultaneously, well that’s fine
But if one of them isn’t actually turning, well that’s a collision
In the following example, Car 1 is signalling for a right turn, but it is not actually going to turn right
Whenever I was teaching driving lessons, I would always try to encourage avoiding thinking of things in terms of “Who’s fault would it be?” or “Who is at fault?” But rather, “What can I do as a driver in the moment to avoid this potential crash?”
We must learn more about defensive driving, and preventing collisions before they happen in the first place. Then, no one has to deal with the aftermath.
Remember that turn signals are little light bulbs that can burn out, too. Sometimes a car will turn without any signal; sometimes that driver has no idea.
What ICBC Says about Who is at Fault
I’m not sure how they do it in different parts of the world, but here are a few crash examples from the ICBC website.
The rules of the road – who is at fault?
Drivers making a left turn must yield to oncoming traffic that is close enough to constitute an immediate hazard. Therefore, the driver of Vehicle A would be found 100% responsible.ICBC CRASH EXAMPLE – LEFT TURN
Check out a bunch of more ICBC crash examples and who would be at fault.
Reading Court Cases Online for Who is at Fault
Illegal Right Turn Example
If reading court cases online is your thing, well there are plenty. I will go through a few examples here. They may not be exactly about turn signals like we are talking about, but you can definitely get the idea of who will be at fault for certain things.
In this case, a bicyclist and a car collided when a car was signalling for a right turn (that happened to be illegal) and the bicycle assumed that the car had forgot to cancel the signal, because the turn was illegal. But the car did turn right, and they did have a collision. Who is at fault? 100% The car that did the illegal right turn.
Read the case: Long v. Thanas (2019)
A Four Way Stop Sign Collision
In this case, a collision occurred at a four way stop. One driver stopped and looked both ways. The driver saw a car approaching, but thought it looked like a car driving at a normal speed. The driver assumed that the other car would stop. But the other car didn’t stop, and there was a collision. Who is at fault? 100% the car that didn’t stop at the stop sign.
Read the case: Kim v. Dresser (2001)
Who is at fault if a car signals but doesn’t turn? I can’t really answer that question because it depends on the situation, traffic control devices, and a bunch of other factors.
I don’t have that ICBC adjustor experience. ICBC adjustors will always determine who was at fault for each individual case.
What I do know is that the law doesn’t say anything about how turn signals give us the magical rights to make assumptions about where cars will go. And when cases go to court, the judge looks at the actual law.
And the law only seems to say who must yield to who, and whole lot of other stuff like that. But I’ve never seen anything about turn signal assumptions. Even if the fault is shared, or not yours at all, it’s a bad deal to have a crash. We must yield to whoever we must yield to, and whoever doesn’t follow the rules, seems to generally be left with the fault, regardless of signals.
So always try to be a defensive driver, and be patient if you aren’t sure what a car is about to do. It may delay your trip you, but how much longer would it take to make sure your turn or driving action is going to be 1000% safe?
Maybe seven more seconds? Even a minute? It’s a lot quicker than you’ll spend the consequences of that crash, I’m sure.
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