Question
Harvey recently started driving a tour bus. One afternoon in August, he was travelling southbound on a highway just below the posted speed limit between
Harvey recently started driving a tour bus. One afternoon in August, he was travelling southbound on a highway just below the posted speed limit between a couple of Manitoba towns. He had just dropped his passengers off at a nearby casino. He heard a sound coming from the outside of the bus and worried that a door to one of the luggage compartments wasn't secure. He couldn't remember if there was anything in there and was trying to see in his rearview mirror whether anything was falling out.
As he was making the decision to pull over, he was approaching an intersection. A grove of trees on the northeast corner blocked his view of the crossroad. As a result, he failed to see a van travelling westbound toward the intersection. Because of the distraction that had been caused by the noise mentioned above, he also hadn't noticed that he had a stop sign up ahead with a flashing red light. He thus didn't stop and as he entered the intersection, he collided with the van. The van spun into a ditch and the driver and her 3 children were injured. Similar accidents had happened at that same intersection at least 3 times in recent years because the stop sign was missed.
The test for dangerous driving is a "marked departure from the standard of care of a reasonable driver." Did Harvey's manner of driving meet that test? Why or why not?
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