How have courts dealt with collisions at rural intersections where the dominant driver of the servient vehicle, with the exercise of a proper lookout, could have avoided the accident?
Alberta, Canada
The following excerpt is from Lushman v. Lushman, 2011 ABQB 57 (CanLII):
In Hohol v. Pickering and Ruff v. Hetesy the collisions occurred at rural intersections where the dominant driver, with the exercise of a proper lookout, could have avoided the accident. These are cases where the servient vehicle should have been seen and there would have been time to avoid the collision. Conclusion (Question No. 2)
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