What is the burden of proving negligence against a driver who strikes a pedestrian?
British Columbia, Canada
The following excerpt is from Marcena v Thomson, 2019 BCSC 1287 (CanLII):
The burden of the proof is on the plaintiff to prove the defendant’s negligence on the balance of probabilities. As Chief Justice Hinkson noted in Wotherspoon v. Hameluck, 2014 BCSC 2137, the mere fact that the driver did not see a pedestrian before striking them is not, in itself, sufficient to establish that the driver kept an inadequate lookout: para. 92.
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