Can a court draw an inference that a driver has breached the standard of care because that driver was driving in the wrong lane?
British Columbia, Canada
The following excerpt is from Ziemer v. Wheeler, 2014 BCSC 2049 (CanLII):
A court may draw an inference that a driver has breached the standard of care because that driver was driving in the wrong lane, but any such inference can be rebutted by evidence that the defendant’s conduct was equally consistent with negligence and no negligence (Pitts Enterprises Ltd v. Farkes, 2005 BCCA 511 at paras. 3, 5, aff’g 2004 BCSC 1493).
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