What is the test for a driver who stops at the scene of a collision to obtain the licence plate number of the other driver?

British Columbia, Canada


The following excerpt is from Hocaluk v. ICBC, 2007 BCSC 170 (CanLII):

In Slezak v. ICBC, 2003 BCSC 1679, the plaintiff’s vehicle was struck from behind with significant force. The plaintiff was not rendered unconscious and pulled her car off the road in order to exchange information with the drivers of the vehicle which had struck her and the car that she had struck. The driver of a truck that had apparently hit her asked her if she was ok and she replied that she was “fine but in shock”. She did not ask him if he was the person who had hit her because “my mind wasn’t there to ask questions like that, it was still reeling from the fact that I had been in an accident.” She deposed that she was trying to focus on calling 911 and believed that everyone would remain at the scene until the police arrived. She did not think to take down his licence plate number. In those circumstances, the chambers judge concluded that she had taken all reasonable efforts in the circumstances to ascertain the identity of the unknown driver. He noted that “reasonable” is synonymous with “logical, sensible, and fair” and not “absurd, whimsical or unwarranted.”

Other Questions


What is the duty of a servient driver in a collision involving a dominant driver to prevent a collision? (British Columbia, Canada)
What is the standard of care for drivers who fail to stop at the scene of a collision? (British Columbia, Canada)
Does a driver have an obligation to stop at the scene of a collision when he sees a pedestrian entering the crosswalk? (British Columbia, Canada)
In a collision involving a rear end driver of a semi-trailer truck, is there any inference of negligence against the rear-end driver? (British Columbia, Canada)
What is the test for a driver who stops at a stop sign before attempting to cross a four-lane highway? (British Columbia, Canada)
In a rear-end collision, does the following driver have any responsibility for causing the collision? (British Columbia, Canada)
What is the difference between a left turning driver and an oncoming driver in a collision? (British Columbia, Canada)
Can a dominant driver be found contributorily negligent in a collision involving a servient driver? (British Columbia, Canada)
Is a driver required to anticipate another driver’s actions to avoid a collision? (British Columbia, Canada)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.