In Knight v. Knight, a man and his wife were traveling on a highway when they collided with a moose. The Plaintiff passenger, the wife, was seriously injured in the accident, and brought an ICBC action against her husband. The Defendant denied any negligence, pleading the defence of inevitable accident, however the Court found the Defendant wholly liable for the accident, finding that he failed to meet the required standard of care under the circumstances. The Plaintiff would eventually be awarded non-pecuniary damages, as well as damages for diminished earning capacity, future care, past care, and loss of housekeeping capacity, in a total award of more than $3,000,000.00.
 I conclude that Mr. Knight was operating his vehicle in a negligent manner on the night of October 22, 2008. I find that given the time of the year and the time of day and the presence of moose warnings signs on Highway 37, Mr. Knight was negligent in failing to slow his vehicle and in failing to take any extra precautions to keep a look out for the presence of moose on or near the highway.
 I also find that he was negligent when he failed to immediately slow his vehicle when he observed something crossing in front of the headlights of Mr. Thomas’s oncoming truck.
 In my view a reasonable person in Mr. Knight’s position would have immediately taken steps to slow his vehicle when he saw the headlights of the oncoming vehicle black out. I find that Mr. Knight was aware that something was obstructing the lights of the oncoming vehicle. Given the other factors I have already outlined – the warning that moose might be present on the highway, the time of day, and the fact that October is in the rutting season when moose are more likely to be present – I conclude that a reasonable driver would have realized that there was a material risk that it was an animal that was obstructing the lights and would immediately have applied his brakes and slowed his vehicle until he had ascertained what was causing the obstruction. I find that it was negligent of Mr. Knight not do so.