In what circumstances will a plaintiff be liable for failing to reduce his or her vehicle’s speed as a result of the collision?

Alberta, Canada


The following excerpt is from Dubitski v. Barbieri, 2004 ABQB 187 (CanLII):

In Ly v. Gilbert, supra Nation J. found that the defendant approached the intersection for a distance of half a block, and made a quick left‑hand turn in the path of the plaintiff’s vehicle. In considering contributory negligence, she held that the plaintiff could only be expected to reduce his speed or take evasive action at the point the defendant commenced her turn; in this case, he would not have had time to avoid the accident. There was nothing in the conditions to support a finding that the plaintiff should have been travelling at a lower speed.

Other Questions


In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
In a motor vehicle case, is a plaintiff required to obtain a report from a bio mechanical expert to demonstrate that low speed impact collisions can result in injuries? (Alberta, Canada)
In what circumstances will a plaintiff have to prove that he or she was injured in a motor vehicle accident? (Alberta, Canada)
Does a plaintiff have to be considered a "part" of the motor vehicle by opening the door of the vehicle to open the passenger? (Alberta, Canada)
Can a plaintiff as dominant driver be held liable for failing to stop at a stop sign? (Alberta, Canada)
In what circumstances will a plaintiff have to sue a handibus driver for failing to stop at the scene of an accident? (Alberta, Canada)
What is the test for a plaintiff to be held liable for injuries sustained in a motor vehicle accident? (Alberta, Canada)
In what circumstances will a motorcyclist be held liable for injuries sustained in a collision with a car at a busy intersection? (Alberta, Canada)
In what circumstances will a third party claim in a motor vehicle accident? (Alberta, Canada)
In what circumstances will a plaintiff not be able to prove for discovery that there is no defence to his claim? (Alberta, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.