What is the test for determining whether a driver with the right of way is the dominant driver?
British Columbia, Canada
The following excerpt is from Lozinski v. Maple Ridge (District), 2015 BCSC 1277 (CanLII):
The analytical framework that is often applied to the determination of liability for a motor vehicle accident is based upon one of the drivers being characterized as “dominant” and the other as “servient”. The driver with the right of way is the dominant driver: Nerval v. Khehra, 2012 BCCA 436 at para. 33.
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