by Cedric Hughes, Barrister & Solicitor with weekly contributions from Leslie McGuffin, LL.B.

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Bad Driving

When it comes to driving behaviour “semantics” matters. Canadian drivers will admit to driving behaviour sometimes classified as “aggressive,” but are unlikely to call themselves aggressive. The label sounds bad. “Lots of others…yes, but not me,” they may say. “I am not an aggressive…[“really bad”]… driver.” 

“Aggressive” is used to describe road rage behaviour—drivers who have snapped and committed violence. While most drivers have seen such incidents and while the media may report some of the most disturbing incidents, these are thankfully much less common than other behaviour that is still aggressive by any standard.
 
“High risk” is another label that won’t stick. This may be because it suggests willfulness. Acknowledging willfulness involves taking responsibility rather than shifting blame. Reportedly, some surveys show that people will admit to high-risk behaviour but only because, they say, it is unavoidable—“I don’t take risks…the other guy forced me to do it.”
 
What matters more, of course, is motivating drivers not to drive in ways that collectively may be referred to as aggressive or high-risk. If the regular messages broadcast on behalf of traffic safety were not so brief, these labels could simply be ditched and the semantics would not matter. But no matter what medium is used to deliver (or attempt to deliver) a message, we are an impatient, “sound bite” culture. Detailing aggressive driving behaviour risks losing viewers/readers/listeners to another channel.
 
Call them what you will, in the interests of traffic safety, the following list of driving behaviour that increases crash risk— the behaviour that year in, year out, cause most of the injuries and fatalities on our roads: 
  1. Driving at an unsafe speed, which includes both exceeding the speed limit and driving the speed limit, but in inappropriate road/weather conditions.
  2. Failing to yield the right of way.
  3. Failing to yield to pedestrians at a crosswalk.
  4. While turning right, failing to yield to pedestrians crossing.
  5. While turning left, failing to yield to pedestrians crossing.
  6. Making an unsafe lane change, which includes not signaling, not shoulder checking and interrupting the flow of traffic in the adjacent lanes.
  7. Passing on the right hand side, also called passing improperly.
  8. Making an unsafe right turn from a through lane.
  9. Riding a motorcycle on the shoulder or between marked lanes.
  10. Following too closely, also called tailgating
  11. Following too closely while turning left.
  12. Ignoring a traffic control device by proceeding through the intersection on a yellow or red light.
  13. Making a left turn on a red signal too late.
  14. Making an illegal u-turn at a signalized intersection.

The order of the above list is based on ICBC statistics on the percentage of total “human action” factors that contribute to casualty collisions. These statistics arrange these action factors as follows: speeding, failing to yield, driver error, following too closely and ignoring traffic devices. These statistics are distinct from the “human condition” factors that contribute to casualty collisions, which are listed in order as: driver inattention, alcohol, driver distraction, and falling asleep and extreme fatigue.

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