Two years after the events in problem 1, Aleksandr is delighted that he has completed his business degree. In anticipation of completing his degree, he set aside a portion of his weekly part time wage to take a cruise around the Pacific Ocean, starting on 10 January 2023.

On 8 January 2023, he received a call from his sister, Anichka, who told him that their mother, Olene, is in hospital and is in an induced coma because of a life-threatening illness. In shock, Aleksandr rushed to his new car and drove to the hospital without his seatbelt secured around him. Although he drove at the speed limit, he noticed a pedestrian crossing the road when the pedestrian light was still red. He swerved to avoid the pedestrian but hit the pedestrian light pole, causing severe and permanent injuries to himself. Aleksandr is now restricted to a wheelchair, but he is not entitled to compensation from the Transport Accident Commission because he had not renewed his car registration on time.

Question:

Would Aleksandr be success in seeking damages from the pedestrian in negligence?