What is the test for determining who is the dominant driver in a motor vehicle collision?
British Columbia, Canada
The following excerpt is from Christensen v Jand, 2018 BCSC 1294 (CanLII):
Once a determination has been made on who is the dominant driver, the onus of proving negligence shifts to the servient driver: Dawes v. Valadas, 2005 BCSC 1319 at para. 31. A dominant through driver may still be negligent, but the correct analysis is to recognize that the through driver is breaching his common law and perhaps statutory obligations and to address the issue as one of apportioning fault, not to reclassify the through driver as servient based on the degree to which the through driver is in breach of his obligations: Nerval at para. 38.
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