Can a median break such as the one at the St. George T-intersection require a two stage assessment?
British Columbia, Canada
The following excerpt is from Kilian v. Valentin, 2012 BCSC 1434 (CanLII):
Median breaks such as the one at the St. George T-intersection present a different challenge and may well require a two-stage assessment when they are used by motorists. There are no statutory provisions directly applicable. As observed by Groberman J.A. in Salaam v. Abramovic, 2010 BCCA 212 at para. 21, ultimately a court must determine whether each of the parties in an accident met their common law duties of care. That determination is informed not only by the rules of the road but by the reasonableness of the actions of the parties. Mr. Justice Groberman explained, as follows, why that is the case:
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