What common law duty applies to a right-of-way situation?
British Columbia, Canada
The following excerpt is from McKee v. McCoy, 2001 BCSC 1652 (CanLII):
The common law duty applicable to a right-of-way situation was stated by Cartwright J. in Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450, at p. 461: While the decision of every motor vehicle collision case must depend on its particular facts, I am of the opinion that when A, the driver in the servient position, proceeds through an intersection in complete disregard of his statutory duty to yield the right-of-way and a collision results, if he seeks to case any portion of the blame upon B, the driver having the right of way, A must establish that after B became aware, or by the exercise of reasonable care should have become aware, of A’s disregard of the law, B had in fact a sufficient opportunity to avoid the accident of which a reasonably careful and skilful driver would have availed himself and I do not think that in such circumstance any doubt should be resolved in favour of A, whose unlawful conduct was fons et origo mali.
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