In what circumstances will a defendant be liable for failing to stop at the scene of an oncoming car?
British Columbia, Canada
The following excerpt is from Findlay v. Rheaume, 2009 BCSC 822 (CanLII):
In You v. Ke, 1996 CanLII 2541 (B.C.S.C.), a young child emerged between parked cars to cross the street to her father’s car on the other side and was struck by an oncoming car. There was a stopped car facing in the opposite direction more than fifty feet from the crossing point. The court did not accept that the defendant ought to have been alerted to the presence of danger as a result of the stopped car and observed, as I have here, that there are “any number of explanations for why the car might have been stopped there” (para. 10).
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