CASE LAW - Doyle v Hubick
The case of Doyle v Hubick takes place on Highway 99 known as the Sea to Sky Highway, 32 km south of Pemberton. Sandra Doyle and Darcy Hubick were driving southbound toward Whistler. Ms. Doyle was overtaking Mr. Hubick and decided to pass somewhere in the first half of a two lane passing area by moving to the left lane. Their vehicles collided where the two lanes merged at the end of the passing area.
Mr. Hubick told the court that he lost sight of Ms. Doyle just before the merge, steered as far to the right as he was able and took his foot off off of the accelerator. He explained that both he and Ms. Doyle began to alternate between slowing and speeding up to make room for each other.
Ms. Doyle does not have a reliable memory of the events due to a head injury that she sustained in the crash. She does recall passing Mr. Hubick on the left.
Madam Justice Watchuk examined the duties of a driver when passing. She found that both drivers departed from the standard of care and that Ms. Doyle bore greater responsibility for the collision. Liability was apportioned 65% to 35%.
The case of Raber v Romero results from similar circumstances.