In Fajardo v. Horianopoulos, 2006 BCSC 147, the court discussed the duties of a driver in relation to exposing others to risk of harm. In that case, the defendant had collided with a moose, throwing it into the oncoming lane. The defendant stopped his vehicle. He attempted to turn on his hazard lights without success. The plaintiff, who was traveling in the same direction, suddenly came upon the defendant’s unlit vehicle and swerved into the southbound lane in an attempt to avoid colliding with the defendant’s vehicle. Even so, he struck the moose and suffered injuries as a result.
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