What constitutes primary negligence in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Kusick v. Wildeboer, 1987 CanLII 3178 (AB QB):
I find as well, however, some degree of inadvertence on the part of English, whether through fatigue or alcohol consumption or both, which constituted primary negligence but falls short of the oft cited test in McCulloch v. Murray, 1942 CanLII 44 (SCC), [1942] S.C.R. 141 at 145, [1942] 2 D.L.R. 179 [N.S.], that is, the “marked departure from the standards by which responsible and competent people in charge of motor cars habitually govern themselves”.
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