That responsibility extends to several tasks, not just the job of taking a passenger from one location to the next. For instance, the driver should check to see if the passenger’s seat belt has been closed and secured in the correct manner. In addition, the driver, along with any parents or other adults has the right to give directions to anyone under the age of 16.
Still, that does not mean that drivers can do as they please. Each of them has been granted permission to engage in a licensed activity. The driver’ possession of a license demonstrates his or her ability to meet certain conditions. Those two conditions concern the mastery of a minimum standard of skill, along with a decent knowledge or driving. Authorities in Alberta assume that whenever someone has been granted the right to drive, that same person has agreed to assume certain responsibilities. One of those responsibilities relates to the passengers’ needs. Younger passengers often need help with fastening a seat belt.
Limits on the amount of control possessed by the driver
The driver cannot ignore any request from a passenger. In fact, a driver might be held accountable for an accident, if that unfortunate event took place after a passenger’s request had been ignored. In addition, smart drivers use a generous amount of common sense.
Are drivers of off-road vehicles responsible for their passengers?
Yes, those drivers do have certain responsibilities, even though off-road vehicles have not been fitted with seat belts. For instance, the person steering a snowmobile should be familiar with the terrain that he or she has chosen to cross, unless the passenger has sought to suggest an alternate route. Even then, it becomes the driver’s job to alert the passenger to the dangers of traveling over an unfamiliar piece of land.
Indeed, drivers have good reason to issue such a warning. The transported passenger could fall off, during passage over an especially rough expanse of territory. That fact highlights the wisdom of some sort of warning.
On the other hand, a driver cannot make-up an excuse for some type of reckless behavior. For example, drivers should not claim that an emergency can be used as an excuse for speeding. When an off-road vehicle travels at a high rate of speed, a passenger’s freedom from harm stands at risk.
The courts recognize the facts stated above to be true. At least one owner/driver of a snowmobile has found that the court has been guided by those same facts. That is one of the reasons that experts recommend hiring the professional services of an injury lawyer in Leduc.