What is the test for determining whether a driver of a pickup truck is liable for the death of his passenger?
British Columbia, Canada
The following excerpt is from Delfs v Stricker, 2022 BCSC 373 (CanLII):
The plaintiff relies on Fontaine v. British Columbia (Official Administrator), 1998 CanLII 814 (SCC), [1998] 1 S.C.R. 424 where the plaintiff made a family compensation claim over the death of her husband in a motor vehicle accident. The husband and friend had gone on a hunting trip from which they did not return. Their bodies were found two weeks later inside a badly-damaged truck that had been driven off Highway 3 east of Hope, B.C. during a severe rain and wind storm. The court considered whether an inference of negligence on the part of the driver could be drawn from the circumstantial evidence of the vehicle having left the road. Speaking for the court, Major J. said at para. 27 that the trier of fact should:
"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 what circumstances will a driver of a tank truck be liable for death by dangerous driving on slippery road conditions? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether a driver has breached a driver’s duty of care under the Highway Traffic Safety Act? (British Columbia, Canada)
What is the test for determining whether a driver in a servient position is to be held liable for failing to yield the right-of-way? (British Columbia, Canada)
What is the test for determining whether a driver with the right of way is the dominant driver? (British Columbia, Canada)
What is the test for determining whether a defendant driver who entered a through street from a parking lot from the parking lot is liable for causing a collision? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for damages in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a driver entered the intersection as a red light? (British Columbia, Canada)
What is the test for determining whether a left-turning driver has satisfied the onus of proving that the oncoming vehicle is not an immediate hazard? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
