What is the test for driving in the wrong lane?
Manitoba, Canada
The following excerpt is from Winter et al. v. Hildebrand Estate et al., 1991 CanLII 12019 (MB QB):
A driver of a motor vehicle is required by statute and the common law to keep to the right when meeting another moving vehicle. If a motorist is driving in the wrong lane of travel and an accident occurs, a prima facie case of negligence is established and that motorist has the onus of explaining how the accident occurred without negli— gence on his or her part — see Gauthier v. The King, [1945] S.C.R. 143, at pp. 149 - - 150, 156.
"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
Is a lawful taking followed by wrongful detention a wrongful taking? (Manitoba, Canada)
How have courts in Canada dealt with a claim for delay in determining whether or not to dismiss the claim for wrongful death due to the long delay? (Manitoba, Canada)
In what circumstances will a court find a golf driving range liable in nuisance? (Manitoba, Canada)
In what circumstances will a court order a stay of proceedings against an officer in charge who misperceived the law and held an accused in custody on a charge of impaired driving? (Manitoba, Canada)
Can an order of costs be set aside if it is based on principle or is plainly wrong? (Manitoba, Canada)
What is the impact of a shooting incident on a driver's ability to continue driving? (Manitoba, Canada)
What is the legal test for validity of a will in Western Australia? (Manitoba, Canada)
What is the test for a "reasonable cause" claim? (Manitoba, Canada)
Does the accused have a fair trial interest in seeking a publication ban? (Manitoba, Canada)
How much deference should the Court give to the decisions of a specialized administrative tribunal? (Manitoba, Canada)
