How is liability apportioned between a plaintiff and defendant in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Ibrahim v. Mclenahan, 1996 CanLII 550 (BC SC):
In Sharp v. Binder, Vancouver, November 9, 1988, Action No. B852108, Leggatt J. found that the defendant driver, who was approaching a school yard area, looking for a game he was to join, was not keeping a proper lookout and was travelling recklessly immediately prior to the infant plaintiff riding his bicycle onto the travelled portion of the road. Liability was apportioned 25% for the plaintiff and 75% for the defendant.
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