What is the test for determining whether a pedestrian was at fault for failing to cross the road at high speed?
Alberta, Canada
The following excerpt is from Bouchard (Estate of) v. Chalifoux, 2004 ABQB 877 (CanLII):
Neither the failure of a pedestrian to yield the right of way nor the failure to cross as quickly as is reasonably possible will absolve the duty of reasonable care imposed on a driver, who bears the onus to disprove negligence (Cardinal v. Loo, 2003 ABQB 52 at paras. 63-65). One way to discharge that onus is if the evidence discloses no reasonable way for the defendant to avoid the impact, but it is not proper to examine only whether the pedestrian was at fault.
"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
What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful? (Alberta, Canada)
What is the test to determine whether a claim can be conveniently heard and determined by a jury? (Alberta, Canada)
What is the test for a jury to determine whether a trial can be conveniently conducted by a jury? (Alberta, Canada)
What is the test for a judge to determine whether or not to divide a husband and wife's assets equally? (Alberta, Canada)
What is the legal test for a surgeon to determine whether a patient’s hypothetical choice to refuse treatment should be based solely on the testimony of the patient at trial? (Alberta, Canada)
What are the principles used to determine whether a fiduciary relationship exists? (Alberta, Canada)
What is the legal test for determining whether a question of mixed fact and law is correct or palpable and overriding error? (Alberta, Canada)
What is the test for determining whether a defendant has a right to a speedy trial when there has been a long delay? (Alberta, Canada)
What is the test for determining whether an occupier of a building is liable for damage caused to a plaintiff's property by an electrical shock? (Alberta, Canada)
What is the test for determining whether a defendant is liable for any injuries caused or contributed to by their negligence? (Alberta, Canada)
