How has the court apportioned liability between two drivers in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Olsen v. Steffan, 2021 BCCRT 1162 (CanLII):
26. I therefore find that both drivers were negligent. When 2 or more people are negligent, fault must be apportioned based on their relative moral blameworthiness for the accident. I find that the circumstances of this dispute are somewhat similar to Fraser v. Konnert, 2012 BCPC 24. In that case, the parties were on a road where 2 lanes merged into 1 lane. One driver was determined to merge because they thought it was their turn as a matter of courtesy. The other driver was equally determined not to let the first driver in. The court apportioned liability equally.
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