Dear Cop - Changing Lanes

Good morning - My son was in an accident last night (in PG) ... He was hit on his driver door while changing lanes (spun around - etc...) & was convinced by the man who hit him not to bother going to police since he was at fault..(but was he totally at fault?) One person told him he was totally at fault - I say 50 - 50 ... Even if the other person wasn't paying attention to his signal, I think he must have pulled in to the left lane too quickly (maybe he didn't check his blind spot etc. etc.)
Anyway, are both at fault here? - or is it all my sons fault for changing lanes too quickly??

I hate to be the bearer of bad news, but based on the information you have supplied, your son is at fault. Any driver making a lane change is responsible for doing so in such a manner that no collision occurs. The reporting of a collision or accident must be reported within 24 hours.

The laws that apply to your questions are as follows:

Section 151 of the Motor Vehicle Act indicates that a driver who is driving a vehicle on a laned roadway
(a) must not drive it from one lane to another when a broken line only exists between the lanes, unless the driver has ascertained that movement can be made with safety and will in no way affect the travel of another vehicle.

Accident reports
Section 67 (1) of the Motor Vehicle Act indicates that if a vehicle driven or operated on a highway, either directly or indirectly, causes death or injury to a person or damage to property causing aggregate damage apparently exceeding the amount set out in subsection (2), the person driving or in charge of the vehicle must
(a) report the accident to a police officer or to a person designated by the Insurance Corporation of British Columbia to receive those reports, and
(b) furnish the information respecting the accident required by the police officer or designated person.
(2) The amount referred to in subsection (1) is
(a) $1 000, in the case of a vehicle other than a motorcycle, and
(b) $600, in the case of a motorcycle.
(3) If the accident occurred in a city or city municipality, the report must be made to a police officer of the city or city municipality, or to the designated person, as soon as possible and in every case within 24 hours after the accident.
(4) If the accident occurred in a municipality other than a city or city municipality, the report must be made to a police officer of the municipality, or to the designated person, as soon as possible and in every case within 24 hours after the accident.
(5) If the accident occurred elsewhere than in a city, city municipality or municipality, the report must be made to the officer or constable of the Royal Canadian Mounted Police stationed nearest to the place where the accident occurred within 48 hours after the accident.
(6) If a person required to make a report under subsection (1) is incapable of making the report, and there was another occupant of the vehicle at the time of the accident capable of making the report, that occupant must make the report.
(7) If a person required to make a report under subsection (1) is incapable of making the report, and there was no other occupant capable of making the report, the investigating officer must make the report.
(8) The person receiving a report under this section must secure from the person making it, or by other inquiries if necessary, the particulars of the accident, the persons involved, the extent of the personal injury or property damage and other information necessary to complete a written report of the accident, and must forward the written report to the Insurance Corporation of British Columbia within 10 days after being advised of the accident.
(9) The written report referred to in subsection (8) must be in a form established by the Insurance Corporation of British Columbia.
(10) Every report made under this section is without prejudice and for the information of the Insurance Corporation of British Columbia and the municipal or Royal Canadian Mounted Police, and must not be open to public inspection, except that a person involved in an accident, or that person's authorized representative, is entitled to obtain on request the names of any drivers involved, the licence number, the name of the registered owner of any motor vehicle involved and the name of any witness.
(11) The fact a report has been made under this section is admissible in evidence solely to prove compliance with this section, and the report is admissible in evidence on the prosecution of any person for the offence of making a false statement in that report, but neither the report nor any statement contained in it is admissible in evidence for any other purpose in a trial or proceeding arising out of the accident referred to in the report.
(12) Despite subsections (10) and (11), a peace officer may, if giving evidence in a proceeding, refer to a report prepared by him or her under this section to refresh his or her memory.

Constable R.A.(Richard) ASELTON
Central Okanagan Traffic Services - Media Liaison

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.