What is the duty of a servient driver in a collision involving a dominant driver to prevent a collision?
British Columbia, Canada
The following excerpt is from Campbell v. Swetland, 2012 BCSC 423 (CanLII):
Following a review of the law in Luvera v. Benedict, [2010] B.C.J. No. 2492 it was determined the “onus is on the servient driver to prove that the dominant driver was also negligent in that his or her negligence was a cause of the accident” and that a “servient left-turning driver has an obligation to take reasonable steps to determine if the dominant driver poses an immediate hazard. The time this is determined is at the moment just before the turn is commenced”
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