Right of Way Violation and Contributory Negligence in Traffic Accident

A driver, while making a left turn without giving way to oncoming traffic, collided with a motorcyclist, resulting in injury to the latter. The motorcyclist sued the driver for damages, arguing the driver was solely at fault for failing to yield the right of way according to traffic regulations. The court of appeal had confirmed the driver's liability, finding that the mere obligation to yield the right of way was sufficient to establish fault, even if the motorcyclist might have been traveling at excessive speed. The highest court quashed the lower court's decision, reasoning that a driver failing to yield the right of way is not automatically considered the sole cause of an accident, and the lower court failed to properly consider whether the motorcyclist's potential excessive speed contributed to the collision, thus requiring further examination of shared fault.