Is a dominant driver liable for a motor vehicle accident?

British Columbia, Canada


The following excerpt is from White v. Craigon, 2014 BCCA 172 (CanLII):

Our Court of Appeal in Salaam [Salaam v. Abramovic, 2010 BCCA 212] states at para. 25: A driver like the defendant, who is in a dominant position, will not typically be found to be liable for an accident. Drivers are generally entitled to assume that others will obey the rules of the road. Further, though defensive driving and courteous operation of motor vehicles are to be encouraged, they do not necessarily represent the standard of care for the purposes of a negligence action. A driver will not be held to have breached the standard of care simply because he or she failed to take extraordinary steps to avoid an accident or to show exceptional proficiency in the operation of a motor vehicle. Interpretation of s. 176(2) of the Motor Vehicle Act

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