Driving Without Due Care Example

Published by DriveSmartBC –
Case Law
Collisions
Unsafe Driving Practices

BC Courts Coat of Arms imageWhat do the words driving without due care and attention actually mean? Section 144 MVA says that a person must not drive a motor vehicle on a highway without due care and attention but does not go on to explain what it is. This trial involving a collision that killed a motorcycle rider is one example.

image driving without due care and attention explained

The Collision

Philip Goldade lived on 20th Avenue N.E. in Salmon Arm. When he leaves his driveway his practice is to pull alongside the road in front of his neighbour's residence facing into the oncoming lane. He checks for traffic and if the way is clear he continues on his way.

In this instance, he saw a motorcycle approaching driven by Scott Ruth. Judging that he had enough time to cross the oncoming lane safely and continue west on 20th Avenue N.E. Mr. Goldade pulled away from the curb. He misjudged the gap and the resulting collision resulted in the death of Mr. Ruth.

What is Due Care and Attention?

The courts have decided that driving without due care and attention is improper driving. The standard is what a reasonable person would do presented with the circumstances of the situation under consideration.

The Court's Decision

Judge de Walle concluded the following about Mr. Goldade's circumstances from the evidence at trial: 

  • he had a clear line of sight of the motorcycle for a distance of 255 meters
  • there were no obstructions in his line of view
  • there was nothing in the weather conditions or other factors (such as sun or rain) which could have distracted his view
  • he was stopped in his vehicle, parked against the curb of the road, facing the eastbound traffic
  • there was no pressure on him to move from his parked position
  • when the motorcycle was roughly half way (approximately 125 meters) to his location he believed the motorcycle was speeding
  • he lived on that street and had complained in the past to RCMP about the problem with speeders on that stretch of road
  • when he saw the motorcycle approaching he recognized it as one he had seen before and known to speed other times he had seen it

The judge decided that a reasonably prudent driver would have waited for the motorcycle to pass before moving away from the curb. He convicted Mr. Goldade for driving without due care and attention.

Learn More

Share This Article