The correct inquiry is whether the plaintiff failed to take reasonable care for his own safety and whether that was one of the causes of the accident: Bradley v. Bath, 2010 BCCA 10 at para. 27, which states: In my respectful view, the trial judge did not ask the correct question. The proper question was not whether a jogger, rollerblader or pedestrian could have been hit by the defendant’s vehicle. The correct inquiry was to determine whether the plaintiff failed to take reasonable care for his own safety and whether his failure to do so was one of the causes of the accident. While the judge acknowledged that the plaintiff was under a heightened duty of care because he was in breach of the law by riding his bicycle on the sidewalk, she failed to give effect to the heightened duty because she did not consider what care had been taken by the plaintiff when he saw the defendant's vehicle moving towards the exit from the gas station.
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