Does the word “immediate hazard” in the context of a motor vehicle accident constitute a standard of care?
British Columbia, Canada
The following excerpt is from Schlachter v. Foster, 2017 BCSC 300 (CanLII):
As observed in Salaam v. Abramovic, 2010 BCCA 212 (B.C.C.A.) at para. 33, the words “immediate hazard” are “used to determine when a vehicle may lawfully enter an intersection. They determine who is the dominant driver, but do not, by themselves, define the standard of care in a negligence action”.
"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 test for establishing a breach of standard of care in a motor vehicle accident? (British Columbia, Canada)
What is the standard of care required by a medical professional to treat a patient in a motor vehicle accident? (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 standard of care for a 16-year-old girl in a motor vehicle accident? (British Columbia, Canada)
What is the difference between a motor vehicle accident and a subsequent motor vehicle collision? (British Columbia, Canada)
What is the test for determining “immediate hazard” in a motor vehicle accident? (British Columbia, Canada)
What is the test for establishing that a breach of the standard of care was a factor in a motor vehicle accident? (British Columbia, Canada)
What is the common law standard of care for a driver in a motor vehicle accident? (British Columbia, Canada)
What is the standard of care for a plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is the standard of care for a plaintiff who is injured in a motor vehicle accident? (British Columbia, Canada)
