Can a dominant driver be held liable for causing an accident where the dominant driver is speeding?
British Columbia, Canada
The following excerpt is from Rothenbusch v. Van Boeyen, 2010 BCSC 1518 (CanLII):
Potential liability for an accident where the dominant driver is speeding was addressed in part in Santos v. Raes, [1998] B.C.J. No. 389 (S.C.) where at paras. 11 and 15 Catliff J. noted: While travelling with other traffic over the speed limit does not itself constitute negligence in this case, it will constitute contributory negligence if excessive speed probably prevented the defendant from taking reasonable measures to avoid the accident. ...All drivers who exceed the speed limit run the risk of being found liable if their speed has prevented them from taking reasonable evasive action to avoid an accident.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the applicable law for a driver who is not a dominant driver but a servient driver? (British Columbia, Canada)
In a collision where a dominant driver has a view of the intersection blocked by a stationary bus, can the dominant driver be found to be contributorily negligent? (British Columbia, Canada)
Is a bus driver liable for injuries caused by a sudden jerk of the bus driver? (British Columbia, Canada)
Is a dominant driver liable for a motor vehicle accident? (British Columbia, Canada)
In what circumstances will a driver be liable for failing to change his speed or sound his or his lights or horn as he approaches a pedestrian? (British Columbia, Canada)
What is the finding of fact in a motor vehicle accident where a driver misjudged the speed and distance of a vehicle travelling at 50 to 70 kilometres per hour? (British Columbia, Canada)
What is the test for determining whether a defendant driver who entered a through street from a parking lot from the parking lot is liable for causing a collision? (British Columbia, Canada)
What is the test for a driver in a servient position to fix any portion of the blame on the dominant driver? (British Columbia, Canada)
Can a dominant driver be found contributorily negligent in a collision involving a servient driver? (British Columbia, Canada)
Can a defendant be liable for causing nervous shock and physical injury to a plaintiff by falsely claiming that her husband had been injured in an accident? (British Columbia, Canada)
