Changes to the Motor Vehicle Act in British Columbia now severely limit the use of left lanes on highways. These laws apply only to roads with 2 or more lanes, where the speed limit is 80km/hr or greater, and when traffic is actually moving at 50km/hr or more.
The changes, which are already in effect state, that you cannot drive in the left lane unless:
- overtaking and passing a third vehicle,
- allowing traffic to merge,
- preparing for a left hand turn at an intersection or into an exit, a private road or a driveway, or
- passing an official vehicle stopped on the side of or on the roadway.
The most common type of accident is the rear-ender type accident. How this new law will apply to that scenario has yet to be determined. Typically if a car is struck from behind, the driver of the car striking the other vehicle from behind is at fault. If a vehicle is in the left lane, when they should not be, you would think the above noted legislation would result in them being found partially at fault. Other complicating factors like the speed of the rear vehicle may complicate this. What if the rear vehicle is speeding? Overall, this legislation is likely to result in more split liability scenarios. However, it could result in more claims too. A driver who has struck a vehicle from behind may now have a cause of action against a vehicle who was unlawfully in the left lane.
