What is the test for determining whether a driver's actions or reaction to an impending accident were reasonable in the circumstances?
British Columbia, Canada
The following excerpt is from Tam v Allard, 2022 BCSC 274 (CanLII):
On the issue of whether a driver’s actions or reaction to an impending accident were reasonable in the circumstances, the question is whether the driver “had in fact a sufficient opportunity to avoid the accident of which a reasonably careful and skillful driver would have availed himself”: D’Amici v. Fahy, 2020 BCCA 89 at para. 53.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the next step in determining whether a left turning driver acted with reasonable care in the circumstances? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the “essence” of the test for determining whether a claimant had pursued the driver as resolutely and resourcefully as they would have done if the claimant intended to pursue any right of action arising out of the accident? (British Columbia, Canada)
What is the test for "reasonableness" for a review body to determine whether a decision was reasonable? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether a driver has breached a driver’s duty of care under the Highway Traffic Safety Act? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test to determine whether a third party action should be heard separately or within the main action? (British Columbia, Canada)
What is the test for determining whether performance in the present circumstances would render the contract radically different from that which was agreed in the circumstances of August 25? (British Columbia, Canada)
What is the test for determining whether a reasonable person has acted in a reasonable manner? (British Columbia, Canada)
