liability driving ontario
Is it legal to assume drivers will stop at amber light when it is safe to do so in Ontario?
<p>A vehicle is positioned in a controlled intersection waiting to turn left from a two-way road. The light turns amber, and the driver waits for traffic to legally pass through the intersection. Assuming the rest of the traffic will stop, the vehicle proceeds with the left turn. However, another vehicle proceeds through the &quot;late&quot; amber light and crashes into the vehicle turning left.</p>
<p>In Ontario, the Highway Traffic Act states the following:</p>
<blockquote>
<p>Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution.  R.S.O. 1990, c. H.8, s. 144 (15)</p>
</blockquote>
<blockquote>
<p>The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety ... R.S.O. 1990, c. H.8, s. 142 (1)</p>
</blockquote>
<p>In a <a href="https://www.bccourts.ca/jdb-txt/sc/17/00/2017BCSC0065.htm" rel="nofollow noreferrer">BC ruling, Domil v. Cheung</a>, the supreme court noted the following:</p>
<blockquote>
<p>[98]         In Kokkinis, Madam Justice Newbury said the following
about an accident occurring at another busy intersection in Vancouver
(at para. 10):</p>
<p>…An amber light is not, as the current witticism suggests, a signal to
accelerate or to pass traffic that is slowing to a stop. Indeed, as
Mr. Justice Esson noted in Uyuyama, in a busy city like Vancouver and
at a busy intersection like 25th and Granville, an amber is likely the
only time one can complete a left turn. Drivers approaching
intersections must expect that this will be occurring. Putting a
burden on a left-turning driver to wait until he or she sees that all
approaching drivers have stopped would, in my view, bring traffic to a
standstill. We should not endorse such a result.</p>
<p>[99]         Madam Justice Newbury’s observations apply with equal
force to the busy intersection of Main Street and King Edward.</p>
</blockquote>
<p>In this case, the driver &quot;running&quot; the amber light was found to be 100% at fault. I cannot find any similar rulings in Ontario, however.</p>
<p>Would a similar ruling be made in Ontario, i.e. are drivers allowed to assume vehicles will stop at an amber light when it is safe to do so, and what rulings have been made on similar scenarios in the past?</p>

<p>I'm not convinced that there is a uniform rule. Usually, liability for a traffic accident is considered in light of the facts as a whole to determine if a driver is negligent.</p>
<p>The black letter law cited in the question, which is likely to be identical in all Canadian jurisdictions, is that the driver &quot;may proceed with caution&quot;. But, what constitutes appropriate caution could vary based upon visibility, road conditions, traffic speed, the skill of the person driving the car, and any number of other possible conditions.</p>
<p>If you know the driver of the other car that would influence a great deal whether you were being cautious or not in making a decision, as would the knowledge of someone who is regularly at that intersection about how others typically behave there.</p>

<p>In road traffic, many times you can assume things quite reasonably, but your assumptions will be wrong. There is always the rule that if you can avoid damage, you must avoid damage. So you can assume that someone doesn't run a yellow traffic light, but if they do and take your right of way, <em>you</em> must stop to avoid an accident. In Germany, if you go legally over 80mph on a motorway, the law says you <em>must</em> assume that others make mistakes, and drive in a way so that everyone is safe, even if they make mistakes and break the traffic laws.</p>
<p>My private opinion is that many traffic accidents happen not because one person makes a mistake, but because one makes a mistake, and someone else cannot compensate for it.</p>
