When is a servient driver's entry into the intersection an immediate hazard?

British Columbia, Canada


The following excerpt is from Ropchan v. McQuillan, 1995 CanLII 869 (BC SC):

49 When deciding what constitutes an immediate hazard, the time lapse from when the servient driver at a stop sign begins his entry into the intersection and when the dominant driver should be aware of the danger of the approaching vehicle is relevant. Davey J.A. described this factor in Keene v. Stene, supra, at p. 360: Since it is the movement of the servient traffic into the through street that gives it the right-of-way, not its mere presence at the stop sign, consideration must be given, in determining whether approaching traffic is an immediate hazard to the interval of time that may elapse before a careful driver realizes that the servient driver is making an entry, and to the resulting danger of collision.

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