Is a dominant driver required to anticipate breaches by other drivers to avoid a collision?
British Columbia, Canada
The following excerpt is from Bedwell v. McGill, 2008 BCCA 6 (CanLII):
However, the above passage from Walker v. Brownlee does not stand for the proposition that a dominant driver is not required to anticipate breaches by other drivers. Rather, it states that a duty of care to avoid a collision does arise when the dominant driver ought to see that the other driver is not yielding the right-of-way.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a driver required to anticipate another driver’s actions to avoid a collision? (British Columbia, Canada)
Is a dominant driver required to take extraordinary steps 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)
Can a dominant driver be held liable for causing an accident where the dominant driver is speeding? (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)
Can a dominant driver be found contributorily negligent in a collision involving a servient driver? (British Columbia, Canada)
Does a driver in the dominant position have a duty to avoid a collision? (British Columbia, Canada)
What is the duty of a servient driver to yield to a dominant driver in a collision? (British Columbia, Canada)
