Is there any evidence that a reasonable driver would know that there was ice on the road surface?
British Columbia, Canada
The following excerpt is from R. v. Bekkers, 2012 BCSC 471 (CanLII):
I am also of the opinion that a reasonable driver would know that the presence of black ice on the road surface, particularly on a curve in the road, could cause the tires of his or her motor vehicle to lose traction which in turn could cause him or her to lose control of the motor vehicle. That seems to me to be a matter of common sense. See Benoit v. Farrell Estate 2004 BCCA 348, at para 67, where the court stated: “We know from common experience that ice on highways often results in drivers losing control of their vehicles.”
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