Problem: The but for test is accepted as if it were not for Stacey crashing her car, Meaghan would not have been in an accident. However, another aspect is the liability of the driver. Although Meaghan would not have been in an accident if Stacey was not there, it is the duty of the driver to utilize proper caution in bad weather and road conditions. This accident would follow a shared fault which hold the parties responsible for their own vehicle damages (Conte Jaswal, 2018).
Would the liability of the child's injury be the negligence of Stacey or Meaghan?