Background:
On September 3, 2018, a collision occurred on Provincial Highway #3 near Princeton, British Columbia, involving Adam Janusz Knitter driving a 2000 BMW 328i and Mervin Joseph Dennis driving a 2017 Ford F150. Krzysztof Wrzosek, a passenger in Knitter’s car, was also involved. Knitter overtook Dennis by crossing a solid yellow line at high speed, moved back into the lane, struck a deer, and braked suddenly. Dennis, traveling behind at 99 km/h, rear-ended the BMW.

Legal Issues:
The court determined whether Dennis or Knitter was liable and how liability should be apportioned. The main issues were negligence, duty of care, and statutory obligations under the Motor Vehicle Act. The dispute focused on whether Knitter’s reckless overtaking and sudden braking caused the collision or if Dennis failed to maintain a safe distance.

Findings:
The court found Knitter 90% liable and Dennis 10% liable. It held that Knitter acted negligently by illegally overtaking on a solid yellow line, speeding, and failing to anticipate wildlife on an unlit highway. Dennis was partially liable for speeding and using after-market tires that minimally affected braking.

Credibility:
The court found Dennis credible and consistent, while Knitter’s testimony appeared inconsistent and rehearsed. Independent witnesses and expert evidence supported Dennis’s account.

Outcome:
The court did not specify the total costs or damages, but the 90/10 liability split significantly favored Dennis.