Does a driver in the dominant position have a duty to avoid a collision?
British Columbia, Canada
The following excerpt is from Singh v Chand, 2019 BCSC 932 (CanLII):
A driver in the dominant position will not be found liable where there is no evidence that they ought to have known the servient driver would fail to yield the right of way. However, the driver does have a duty to avoid a collision where they ought to have seen or could reasonably have been expected to realize that another driver was not going to yield the right of way: Bedwell v. McGill, 2008 BCCA 6 at paras. 25-27.
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