CASE LAW - Langley v Heppner

BC Courts Coat of ArmsThis case decides the liability for a collision where a motorcycle overtaking two vehicles is struck when the second vehicle pulled out to pass the first. All three had been following together at a speed under the limit. At the first available opportunity the motorcycle passed, not seeing a signal from the vehicle in front.

The justice decided that the driver of the second vehicle had failed to signal sufficiently in advance and did not check adequately before beginning to pass the vehicle in front. The driver of the motorcycle could have anticipated that the driver of the second vehicle might pass in these circumstances and so was also partly responsible.

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