In what circumstances will a plaintiff be liable for failing to reduce his or her vehicle’s speed as a result of the collision?
Alberta, Canada
The following excerpt is from Dubitski v. Barbieri, 2004 ABQB 187 (CanLII):
In Ly v. Gilbert, supra Nation J. found that the defendant approached the intersection for a distance of half a block, and made a quick left‑hand turn in the path of the plaintiff’s vehicle. In considering contributory negligence, she held that the plaintiff could only be expected to reduce his speed or take evasive action at the point the defendant commenced her turn; in this case, he would not have had time to avoid the accident. There was nothing in the conditions to support a finding that the plaintiff should have been travelling at a lower speed.
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