Duty to Warn Others After a Crash

Harris Wheeler was driving northbound on Highway 97 in the vicinity of the brake check at the top of the South Taylor Hill. A moose ran across the road from his left and hit the front of his truck. The moose lay on the road and Mr. Wheeler stopped a short distance away to assess the damage. He did nothing to warn others of the moose.

Mr. Wheeler left the crash scene and continued northbound on Highway 97.

The Second Crash

Shortly after Mr. Wheeler departed Aron Walter, driving northbound, struck that moose that was still laying on the highway. That collision caused his vehicle to cross over the centre line of the highway where he struck a vehicle driven by Raymond Ziemer head on.

Mr. Wheeler returned to the crash scene and identified himself as the driver that had initially hit the moose to bystanders.

Mr. Wheeler's Duty to Warn Others

Madam Justice Watchuk examined 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. She said:

[192]     I therefore find that:  Mr. Wheeler was not negligent for the collision with the moose; Mr. Walter was not negligent for the collision with the moose or for crossing the center line and colliding with Mr. Ziemer; and Mr. Ziemer was not negligent for the collision with Mr. Walter.  No liability arises from these collisions.

[193]     Mr. Wheeler, I find, was negligent because he breached his duty to warn other motorists of the moose, which I find he knew was a hazard on the Highway after he collided with the moose.  But for his negligence the accident could have been averted.  He is liable for this negligence.  

Expert Evidence on Sight Distance

Of interest is the evidence of Dr. Jason Droll who is a human factors scientist. He presented expert opinion evidence in the area of perception, response and decision making, and visibility. His opinion was that at the speed Mr. Walter had been driving, the moose on the road was not able to be seen in time to avoid a collision.

Learn More

• Read the Reasons for Judgment - Ziemer v Wheeler
• Similar Case - Yang v Duralia

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