Can a through driver be found to be an immediate hazard?
British Columbia, Canada
The following excerpt is from Iannone v Sidhu, 2019 BCSC 1128 (CanLII):
Even if the through driver is found to be an immediate hazard, however, and therefore the dominant driver with the right of way, he or she can still be found contributorily negligent based on a breach of his or her common law duty and/or statutory obligations: Boyd v. Baldwin, 2015 BCSC 887 at para. 66.
To assess any negligence on the part of the through driver the court determines whether she could have stopped safely. If not and no other factors were at issue, then she will not be found negligent: Kabir v. Simpson, 2016 BCSC at para. 26.
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