What is the liability of a truck driver in a collision involving a child?
British Columbia, Canada
The following excerpt is from Aiken v. Van Dyk, 2001 BCSC 1217 (CanLII):
The plaintiff also referred to Petersenn et al v. Phillips, [1983] B.C.D. Civ. 3387-01. In this case a 12-year-old paperboy waiting at a newspaper shack to pick up his papers was struck by the pickup truck that delivered the papers. The driver was aware that typically there were a number of children between the ages of 10 and 14 playing around the newspaper shack. The delivery truck backed into its spot more quickly than it should have following an arc. The plaintiff had seen the truck and had been in a safe position but stepped in between the truck and the building. The driver was liable because he was aware of the children in the area and of the blind spot in his vision as he was backing up. The defendant was found 75% at fault in that case.
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