Standard of care not affected by knowledge of driver’s skill and experience
4.19 Standard of care not affected by knowledge of driver’s skill and experience
For the purposes of proceedings for damages payable in relation to a motor accident, the standard of care required of the driver of a motor vehicle who owes another person a duty of care is not diminished or otherwise affected by any actual or imputed knowledge of the other person as to the skill or experience of the driver as the driver of a motor vehicle.
This section does not affect any determination of whether a person who has suffered harm has been contributorily negligent in failing to take precautions against risk of harm, or any determination as to voluntary assumption of risk by such a person.
This Act’s bill:Explanatory memorandumSecond reading speech
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