What is the test for determining whether a driver has breached a driver’s duty of care under the Highway Traffic Safety Act?
British Columbia, Canada
The following excerpt is from Singh v Lepitre, 2019 BCSC 1728 (CanLII):
While the sections of the Act are a factor to be considered in determining whether a driver, or another user of a roadway, has breached a duty of care, the provisions are not the exclusive measure of the duty of care. The sections of the Act have been described as “supplementary” or in addition to the common law duty that rests on all persons using a highway to exercise due care: see Olson v. Farran, 2016 BCSC 1255 at para. 86, and the cases cited therein.
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