Liability for the Second Crash

The case of Legere v Harvey involves liability for two crashes on Highway 97 at Gallagher Lake north of Oliver. The first crash was between a southbound Mazda 3 driven by Gail Harvey and a deer. The second crash occurred immediately after between Ms. Harvey's Mazda 3 and a northbound Dodge Ram driven by Ryan Legere.

The First Crash

Ms. Harvey was approaching the McIntyre Bridge southbound on Highway 97 in darkness. She encountered a deer standing on the roadway and was not able to avoid striking it. Her hood flew up, the driver's air bag deployed and she felt that "she was drifting south until the second impact.

The Second Crash

Ryan Legere was driving northbound on Highway 97 approaching the bridge when he encountered Ms. Harvey oncoming in his lane. He slowed, flashed his lights and sounded the horn but did not brake. Ms. Harvey continued to approach and was now partly onto the east shoulder.

Mr. Legere moved left into the oncoming lane and was almost successful in avoiding Ms. Harvey. Her Mazda hit his Dodge Ram in the right rear quarter panel.

Discussion of Liability

Mr. Legere's position on liability was that Ms. Harvey:

1. Failed to take reasonable steps to watch for and avoid the deer;
2. Having hit the deer, failed to take proper steps to bring the Mazda under control and avoid colliding with the bridge; and
3. Having hit the deer and the bridge, failed to properly control the Mazda to avoid the Mazda/Ram Collision.

Ms. Harvey's position on liability was that this was an accident without negligence and was inevitable. If this was not the case Mr. Legere was far enough away when he first saw the Mazda that he could have avoided the collision.

The Decision

Justice Doyle found Ms. Harvey was negligent and full liability for the collision.

[196] The standard of care required of Mr. Legere is to be aware of his surroundings. He saw a vehicle coming at him on the wrong side of the highway, about 300 metres away. He had to guess what that vehicle would do.

[197] He almost guessed correctly and thought that his movement left would avoid the collision. He says the Mazda went right when he thought he was clear of it. The damage to the Ram is consistent with that: it is to his right rear quarter panel.

[201] The defendant has not proven that Mr. Legere was contributorily negligent.

Learn More

• Read the Reasons for Judgment - Legere v Harvey

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