What is the test for assuming that another driver will not unlawfully or unsafely enter into the lane designated for oncoming traffic?

Newfoundland and Labrador, Canada


The following excerpt is from Cole v. McLoughlin, 2003 NLCA 3 (CanLII):

However, the proposition that a driver is entitled to assume that another driver will not unlawfully or unsafely enter into the lane designated for oncoming traffic must be read in light of the standard of a reasonably prudent driver (Tucker v. Asleson, supra, at paragraphs 31 and 34 (B.C.A.C.)). For example, on a slippery road, a reasonably prudent driver may need to adjust his speed to take account of the possibility of an oncoming vehicle losing control. Application of the Law Excessive Speed

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