Is a collision in the wrong lane prima facie evidence that the driver of the vehicle on the wrong side was careless?
Alberta, Canada
The following excerpt is from Holizki Estate v. Alberta (Public Trustee), 2008 ABQB 716 (CanLII):
There is other case law holding that a collision in the wrong lane is prima facie evidence that the driver of the vehicle on the wrong side was careless, unless that driver can reasonably explain how the collision may have happened without negligence on its part. See Masztalar v. Wiens, [1994] 46 A.C.W.S. (3d) 1388 (B.C.S.C.) at paras. 41 and 42.
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