What is the common law duty of care of the players in an accident?
British Columbia, Canada
The following excerpt is from Doyle v Hubick, 2022 BCSC 309 (CanLII):
In the end, a court must determine whether, and to what extent, each of the players in an accident met their common law duties of care to other users of the road. In making that determination, a court will be informed by the rules of the road, but those rules do not eliminate the need to consider the reasonableness of the actions of the parties. This is both because the rules of the road cannot comprehensively cover all possible scenarios, and because users of the road are expected to exercise reasonable care, even when others have failed to respect their right of way. While s. 175 of the Motor Vehicle Act and other rules of the road are important in determining whether the standard of care was met, they are not the exclusive measures of that standard. See also Randhawa v. Evans, 2020 BCCA 292 at paras. 22-23.
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