In what circumstances will the driver of a car be able to give evidence of how the accident occurred?
Alberta, Canada
The following excerpt is from Van Der Zouwen v. Ohrling Estate, 1971 ALTASCAD 73 (CanLII):
In Walker v. Coates (supra) the driver was killed and the passenger was asleep and could give no evidence as to how the accident occurred. In Mabey v. Robertson (supra) the situation was the same. In the case at bar the driver and one passenger were instantly killed and the appellant, the second passenger, was sound asleep at the time of the accident. He was, therefore, unable to tell how the accident had occurred. In each of those two cases the car had been driven across the centre line with the result that an unexplained collision occurred.
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