Harris Wheeler was driving northbound on Highway 97 south of Taylor, B.C. when his vehicle collided with a moose. Shortly afterward Aron Walter, driving southbound, struck that moose which was then laying on the highway. That collision caused his vehicle to cross over the center line where he struck a vehicle driven by Raymond Ziemer head on.
This case examines both who is liable for the collisions and the duty Mr. Wheeler owed to other road users to prevent them from colliding with the moose that he had hit.
Link:
Read the Reasons for Judgment - Ziemer v Wheeler
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You hit it - you own it.
Clean up your dead moose off the highway or pay the repairs and the losses of the next guy(s) down the highway who hit your smelly dead moose that you so negligently decided to position on a public highway...
- I like it.
P.S. I was always a proponent of "if you touch it - it's your litter now", thus I don't kick litter underfoot, unless I'm ready to clean it up after.
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Basically...