What is the test for servient driving in a motor vehicle collision?
British Columbia, Canada
The following excerpt is from Chavez-Salinas v. Tower, 2022 BCCA 43 (CanLII):
To do so, the servient driver must assess how far the dominant vehicle is from the intersection and how fast it is travelling: Burgess v. Fisher, 2009 BCSC 1766 at para. 21.
Furthermore, “a driver will not be held to have breached the standard of care simply because [they] failed to take extraordinary steps to avoid an accident or to show exceptional proficiency in the operation of a motor vehicle”: Salaam v. Abramovic, 2010 BCCA 212 at para. 25.
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