Can a dominant driver be found contributorily negligent in a collision involving a servient driver?
British Columbia, Canada
The following excerpt is from Strul v. Mondares, 2015 BCSC 284 (CanLII):
To paraphrase Mr. Justice Cartwright in Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] S.C.J. No. 56 at para. 49, the dominant driver may be found contributorily negligent if at the point he became aware or should have become aware of the left turning servient driver's failure to yield the right‑of‑way he could have avoided the accident.
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