What is the burden of proving negligence in a motor vehicle accident case?
Nova Scotia, Canada
The following excerpt is from Farrell v. Casavant, 2009 NSSC 233 (CanLII):
As indicated previously, the skidding of a vehicle upon a highway is a neutral fact which is equally consistent with negligence or no negligence. The burden is on the Defendant to establish that the skid which caused the accident occurred without his negligence, or, to put it another way, he must show a way in which the skid may have occurred without negligence (Grant v. Lutes, supra, at ¶ 31.)
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