Can police officers who are providing roadside assistance be
found partially liable for a collision due to the positioning of
their vehicle and the blinding effect of their emergency lights on
oncoming traffic?
Recently, in Denhoed v Griffiths, 2023 ABKB 557, the
Alberta Court of King's Bench examined these circumstances and
set out the standard of care required of police officers when they
respond to emergency situations on a roadway. Here, the Court found
the Lethbridge Police acted reasonably and did not contribute to a
third-party vehicle striking the rear of their cruiser while
assisting the plaintiff during a roadside emergency.
Background
The plaintiff struck a deer at night as she was travelling
westbound on Highway 3 exiting Lethbridge, Alberta. After the
collision, she immediately pulled over to the right shoulder of the
road, activated her hazard lights and called 911 for
assistance.
