What is the test for establishing that the dominant driver was driving at the time of the collision?
British Columbia, Canada
The following excerpt is from J.J. v Barton, 2017 BCSC 1196 (CanLII):
On all of the evidence, I find that the plaintiff was the dominant driver and had the right-of-way as she travelled along Uplands Drive. While she was likely exceeding the speed limit, and may have been going faster than her engineer’s posited 56 km/h, I am persuaded by the eye-witness testimony that her speed was not excessive or negligent. The servient driver bears the onus of establishing that the speed of the dominant driver contributed to the collision: see Borecka v. Wilkins, 2017 BCSC 13 at para. 18. I find that the defendant has failed to discharge this onus.
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