What is the test for determining whether a driver is negligent in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Fontaine v. Loewen Estate, 1996 CanLII 342 (BC CA):
58 In Babich v. Maxwell, supra, there was a three vehicle collision in when the roadway was covered in snow. It is apparent from the report that one of the vehicles skidded to a stop on the wrong side of the road, and that another vehicle was unable to avoid colliding with it. The circumstances of the accident were fully established by evidence, and the trial judge was unable to characterize the conduct of any driver as negligent. Again, unlike the case at bar, it was not necessary for the trial judge to weigh probabilities or to consider circumstantial evidence on its own.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motor vehicle accident where a bee flew into the vehicle, landed on the driver's stomach and he froze, can the driver be found to have been negligent? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the test for determining whether a defendant was negligent in a motor vehicle accident that occurred in icy conditions? (British Columbia, Canada)
What is the test for determining whether a plaintiff is liable for post-accident health issues as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a party asserting the affirmative in a summary trial has been found negligent in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable in negligence in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a person will be negligent in a motor vehicle accident? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What is the test for determining whether a defendant's negligence was a contributory factor in a motor vehicle accident? (British Columbia, Canada)
