In Johel v. Insurance Corporation of British Columbia, 2012 BCSC 166, Bernard J. made three pertinent points regarding driver’s liability when entering an intersection. First, the Motor Vehicle Act, does not eliminate the need to consider the reasonableness of the parties’ actions in the accident. Second, drivers become dominant drivers if they can enter an intersection and exit before causing an immediate hazard to other vehicles. In other words, the dominant driver is the first driver who safely enters the intersection and gains the right of way. Third, dominant drivers must not exercise their right of way if the result will be a collision that was reasonably foreseeable and reasonably avoidable.
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