What is the test for a driver who fails to yield the right-of-way?
British Columbia, Canada
The following excerpt is from Little v. Awrey, 1996 CanLII 1633 (BC SC):
In Hoar v. Milicevic et al. 15 April 1986, (B.C.S.C.) Lysyk, J. at p. 10: The right of the person enjoying the right-of-way to proceed is, of course, not absolute. He remains under a duty to take reasonable care. He must take reasonable precautions for his own safety, but the burden of establishing that he has failed to do so lies upon the driver who has failed to yield the right-of-way.
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