Can a dominant driver be held liable for causing an accident where the dominant driver is speeding?

British Columbia, Canada


The following excerpt is from Rothenbusch v. Van Boeyen, 2010 BCSC 1518 (CanLII):

Potential liability for an accident where the dominant driver is speeding was addressed in part in Santos v. Raes, [1998] B.C.J. No. 389 (S.C.) where at paras. 11 and 15 Catliff J. noted: While travelling with other traffic over the speed limit does not itself constitute negligence in this case, it will constitute contributory negligence if excessive speed probably prevented the defendant from taking reasonable measures to avoid the accident. ...All drivers who exceed the speed limit run the risk of being found liable if their speed has prevented them from taking reasonable evasive action to avoid an accident.

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