Does the presence of a flashing light at an intersection affect the liability of the dominant driver?
British Columbia, Canada
The following excerpt is from Knight v. Li, 2011 BCSC 184 (CanLII):
Therefore the presence of a green flashing light at an intersection may affect the liability of the dominant driver involved in a collision: Gautreau v. Hollige, 2000 BCCA 390 at para. 15.
In keeping with the legislation and the dominant driver’s common law duty to take reasonable care, “[t]ravelling over the speed limit will only constitute negligence if the speed prevented the driver from taking reasonable measure[s] to avoid the collision”: Cooper v. Garrett, 2009 BCSC 35 at para. 42.
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