The case of Doyle v Hubick determines the liability for a two vehicle collision on the Sea to Sky Highway 32 km south of Pemberton. Both vehicles reached the end of the passing lane at about the same time. The drivers were unable to decide who should pull ahead and who should drop back ultimately resulting in a crash.
Circumstances of the Collision
Sandra Doyle was overtaking Darcy Hubick and decided to pass somewhere in the first half of a two lane passing zone by moving to the left lane. She continued in the left lane and was closely approaching the rear of Mr. Hubick's vehicle about 200 m before the end of the zone.
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.
The collision occurred when the left front bumper of Mr. Hubick's Dodge Ram contacted the right rear corner of Ms. Doyle's Jeep. The Jeep spun around and then rolled over several times.
Duties of a Driver When Passing
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.
[70] The key legal principle in passing scenarios comes from Samograd v. Collison (1995), 17 B.C.L.R. (3d) 51 (C.A.). At paras. 62-63, Finch J.A. made clear that there was no rule of law imposing a greater obligation on the vehicle making the pass. Rather, the drivers’ obligations are entirely dependent on the facts; the driver with the better opportunity to see the potential collision before it happens has a correspondingly greater duty to avoid the collision:
Decision on Liability
Liability for the collision was decided as 65% for Ms. Doyle and 35% for Mr. Hubick.
Learn More
- Read the Reasons for Judgment - Doyle v Hubick
- The case of Raber v Romero results from similar circumstances
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