What is the test for determining whether a plaintiff is 75% responsible for an accident?
British Columbia, Canada
The following excerpt is from Neufeld v. McCrae, 2008 BCSC 539 (CanLII):
Drost J. found the plaintiff in Slinger was 75% responsible for the accident and the defendant was 25% responsible. In so doing, he held that the plaintiff was negligent in failing to recognize the defendant’s truck as an immediate hazard and the defendant, who was familiar with the dangers of the intersection, negligent for not acting sooner to slow down (see also Gautreau v. Hollige [2000] B.C.C.A. 390).
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