Can a plaintiff as dominant driver be held liable for failing to stop at a stop sign?
Alberta, Canada
The following excerpt is from Dubitski v. Barbieri, 2004 ABQB 187 (CanLII):
Vibert v. Stern, supra was a case where the plaintiff had the right of way. Her vehicle made a left turn and collided with the trailer of a tractor‑trailer unit at an intersection. The defendant had stopped at the stop sign but visibility was bad due to heavy fog and the roads were icy. Fruman J. held that the plaintiff as dominant driver was absolved of all liability unless the servient driver could demonstrate that the dominant driver should reasonably have been aware of the impending danger and taken evasive action. The defendant was negligent in failing to meet the statutory duty to stop at the sign and proceed only when it was safe to do so and had not established negligence on the part of the plaintiff.
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