How does the court assess negligence in a collision involving a through driver?
British Columbia, Canada
The following excerpt is from Iannone v Sidhu, 2019 BCSC 1128 (CanLII):
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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