Timid Driver Negligent In Travelling Too Slow When Passing
Almost everyone who had driven on the highway has encountered the "accident waiting to happen" in the form of either the racing motorist or the turtle-esque driver. Both these types of drivers cause hazards and impede the smooth flow of reasonably driven traffic. Recently, the British Columbia Supreme Court ruled that a driver who was, for the most part, driving reasonably, was negligent for being timid while overtaking slow moving traffic.
The accident involved three vehicles travelling in the same direction at different speeds on a divided highway. Road and weather conditions were ideal. It was sunny and clear and the road was dry. The highway entered a valley, dipped and crossed the valley floor and then rose up a 7% grade to climb the far side of the valley. As the highway rose, it widened from two lanes to three to compensate for slower moving vehicles. The highway was relatively straight but did bend to the left where the accident occurred. The posted speed limit was 110 kmph.
At the time of the accident, the most right lane was occupied by a semi-tractor pulling two fully loaded trailers up the hill. The driver estimated his speed at approximately 25 kmph. This vehicle was overtaken by a second tractor trailer, also fully loaded travelling at approximately 70 kmph. The second tractor trailer moved into the middle lane to pass the slow moving double loaded trailer. Both vehicles were overtaken by a pickup truck pulling a camper. This driver, (the timid driver) testified to travelling slower than speed limit because the camper slowed braking time and was susceptible to wind drag.
The timid driver decided to pass the two slower moving tractor trailers. To do so, the driver moved into the far left lane and accelerated to approximately 85 kmph hour.
A fourth vehicle was rapidly approaching at an estimated 150 to 160 kmph. The arrival of that vehicle at the scene caused with the second tractor trailer and, subsequently, the pickup truck.
At trial, the issue of negligence on the part of the fourth vehicle's driver was conceded. At issue was whether the timid driver of the pickup was negligent in the manner she had passed the two slower moving vehicles. In applying the standard of whether a reasonably, prudent driver would have passed at the slower speed of 85 kmph, the court determined that the timid driver was negligent in causing a hazard by blocking the left lane. A reasonably prudent driver should have been aware that by passing at a slower speed, s/he was blocking the entire highway with slower moving traffic. It was simply negligent not to overtake and pass the slower moving traffic as "quickly as reasonably possible."
In this case, a driver who, for the most part, appears to have reasonably chosen to drive slower than posted speed limits to compensate for factors such as braking and wind drag was negligent for failing to consider the effect of passing at a slower speed. The case illustrates that conditions while driving change constantly and what is not negligent at one particular time may be negligent a few miles down the road.
Borgjford v Thue, 2015 BCSC 1917 (BC SC) https://www.canlii.org/en/bc/bcsc/doc/2015/2015bcsc1917/2015bcsc1917.pdf
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