What is the duty of a driver having the statutory right of way?

British Columbia, Canada


The following excerpt is from Atchison v. Kummetz, 1995 CanLII 1332 (BC CA):

24 The duty on a driver having a statutory right of way was referred to by Cartwright J. in Brownlee v. Walker, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450 at p.460: The duty of a driver having the statutory right-of-way has been discussed in many cases. In my opinion, it is stated briefly and accurately in the following passage in the judgement of Aylesworth J.A., concurred in by Robertson C.J.O., in Woodword v. Harris, [1951] O.W.N. 221 at p. 223: "Authority is not required in support of the principle that a driver entering an intersection, even although he has the right of way, is bound to act so as to avoid a collision if reasonable care on his part will prevent it. To put it another way: he ought not to exercise his right of way if the circumstances are such that the result of his so doing will be a collision which he reasonably should have foreseen and avoided."

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