What is the burden of proving negligence against the driver in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Bassi v. Bassi, 2010 BCSC 1896 (CanLII):
If the driver can show how the accident occurred without negligence, and such explanation is a reasonable one, then the burden is again on the plaintiff to prove negligence. If the explanation is equally consistent with negligence and with no negligence, then the burden to establish negligence still remains upon the plaintiff. (Ballard v. North BB.R.Co. (1923), 60 Sc.L.R. 441 at p.5).
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