What is the liability of a driver who is not aware of the presence of an intoxicated pedestrian at the scene of a collision?
British Columbia, Canada
The following excerpt is from Baptiste v. Cahoose, 2002 BCSC 175 (CanLII):
In Leblanc v. Burcevski, [1995] A.J. No. 909, an intoxicated adult plaintiff, who was walking near the centre line of a 100 km. per hour highway was struck by the defendant, who saw him only at a distance of 3 feet after completing a pass of another vehicle. The defendant was held 40% liable for his negligence in not becoming aware of the presence of the plaintiff sooner.
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