In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident?
Alberta, Canada
The following excerpt is from Andrews v. Grand & Toy Alberta Ltd., 1974 CanLII 298 (AB QB):
In the Fletcher v. Autocar case Diplock L.J. at p. 744 stated: “… in a case where the victim is not dead but still exists, one ought to provide a large margin to ensure that whatever contingency may occur for which allowance was not made in assessing the provision needed for the victim and his dependents, there will be funds to meet it.”
"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 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)
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
If one uses a motor vehicle to deliberately run down another then if one uses the motor vehicle, could the driver have committed the offence of murder, attempted murder or criminal negligence causing death? (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 an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim? (Alberta, Canada)
What is the impact of psychological personality disorder on the physical effects of a motor vehicle accident? (Alberta, Canada)
In what circumstances will a tow truck be deemed to have contributed to a motor vehicle accident? (Alberta, Canada)
What is the quantum of exemplary damage awarded in a motor vehicle accident? (Alberta, Canada)
In what circumstances will a third party claim in a motor vehicle accident? (Alberta, Canada)
Can intent be considered as part of the risk analysis in a motor vehicle accident case? (Alberta, Canada)
