Does a plaintiff who is intoxicated and walking on the wrong side of the road get 100% responsibility for the resulting accident?
Nova Scotia, Canada
The following excerpt is from R. v. McCluskey, 2005 NSPC 2 (CanLII):
O’Dea v. Buckland [1985] N.S.J. No.435 (N.S.S.C.T.D.) plaintiff pedestrian 100% liable for his injuries vs. defendant’s operator of a motor vehicle. Similarly in Harnish v. Hart [1982] N.S.J. 399 (N.S.S.C.T.D.) pedestrian who was intoxicated and walking on the wrong side of the road was 100% responsible for the resulting accident.
"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 plaintiff entitled to general damages for continuing loss of earning capacity as a result of her motor vehicle accident? (Nova Scotia, Canada)
In a motor vehicle accident, what are the circumstances and factors that have resulted in partial responsibility for the driver with the right of way? (Nova Scotia, Canada)
Is there any common issues between a plaintiff and plaintiff? (Nova Scotia, Canada)
What is the likelihood of an insurer overpaying a plaintiff in a Section D auto accident? (Nova Scotia, Canada)
In what circumstances will a plaintiff be able to recover from a loss of income as a result of the loss of occupancy in a condominium? (Nova Scotia, Canada)
In what circumstances will a plaintiff be able to make a claim for damages arising out of a motor vehicle accident? (Nova Scotia, Canada)
Can a plaintiff prevent her co-defendant and her husband from discussing the facts of the accident with each other? (Nova Scotia, Canada)
What is the burden of proving a plaintiff’s failure to mitigate in a wrongful dismissal action? (Nova Scotia, Canada)
What is the range of general damages for a plaintiff who sustained labral tear injuries in a motor vehicle accident? (Nova Scotia, Canada)
What is a plaintiff’s share of damages in a motor vehicle accident? (Nova Scotia, Canada)
