In Ziemer v. Wheeler, 2014 BCSC 2049, Watchuk J., at para. 115, very helpfully provided the following non-exhaustive list of factors to consider in deciding whether a driver who has collided with wildlife has breached the standard of care: ● the time of day when the accident took place; ● the visibility of the animal, including type and colour of fur, contrast with its surrounding environment, and direction of approach; ● road conditions and weather conditions, including the presence of rain, ice or fog, and whether the road and surrounding land was straight and level or at a slope; ● whether or not the accident occurred inside a moose or deer “warning zone”, as indicated by signs, generally known to the public, or familiar to the drivers; ● the applicable speed limit on the road where the accident took place, and the actual speeds of the drivers; ● the lighting of the area where the collision took place, including the use of any headlights, highbeams, warning flashers, or other lighting equipment; ● whether traffic was heavy or light; and ● the condition of the drivers’ vehicles.
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