What is the duty of a servient driver to yield to a dominant driver in a collision?
British Columbia, Canada
The following excerpt is from D'Amici v Fahy, 2018 BCSC 1372 (CanLII):
While the servient driver has the obligation to yield, the dominant driver has a duty to act so as to avoid a collision if reasonable care on his part will prevent it. In Walker v. Brownlee ... Cartwright J. adopted the principle that the dominant driver ought not to exercise his right of way if the circumstances are such that the result of his doing so will be a collision which he reasonably should have foreseen and avoided.
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