Is a dominant driver required to take extraordinary steps to avoid a collision?

British Columbia, Canada


The following excerpt is from Nonis v. Granata, 2010 BCSC 1570 (CanLII):

This has not been interpreted to mean that the dominant driver is required to take extraordinary steps to avoid the collision. In Salaam v. Abramovic, 2010 BCCA 212, the court stated 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.

Other Questions


Is a dominant driver required to anticipate breaches by other drivers to avoid a collision? (British Columbia, Canada)
What is the duty of a servient driver in a collision involving a dominant driver to prevent a collision? (British Columbia, Canada)
In a collision where a dominant driver has a view of the intersection blocked by a stationary bus, can the dominant driver be found to be contributorily negligent? (British Columbia, Canada)
Is a driver required to anticipate another driver’s actions to avoid a collision? (British Columbia, Canada)
What is the common law duty of a dominant driver not to exercise their right of way if the result will be a collision which was reasonably foreseeable and reasonably avoidable? (British Columbia, Canada)
What is the applicable law for a driver who is not a dominant driver but a servient driver? (British Columbia, Canada)
Does a driver in the dominant position have a duty to avoid a collision? (British Columbia, Canada)
Can a dominant driver be found contributorily negligent in a collision involving a servient driver? (British Columbia, Canada)
Can a dominant driver be held liable for causing an accident where the dominant driver is speeding? (British Columbia, Canada)
What is the duty of a servient driver to yield to a dominant driver in a collision? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.