What is the test for maintaining a claim for damages arising out of negligence in a motor vehicle accident?

To support his contention he seeks to invoke an application of the principle enunciated in Gorris v. Scott (1874) L.R. 9 Ex. 125, at 128, 43 L.J. Ex. 92, where it is held, in effect, that when damage arises which might have been prevented by the due observance of some statutory provision, but which is of such a nature as was not contemplated by the statute and as to which it was not intended to confer any benefit on the person claiming relief, the latter cannot maintain an action for negligence founded upon its non-performance.