What is the test for determining liability in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Biggar v Enns, 2017 BCSC 2290 (CanLII):
In particular, the plaintiff submits that the court has to determine whether, and to what extent, each person involved in the accident met his/her common law duties of care to the other users of the road. In coming to that determination, the court takes into account the rules of the road as set out in the Motor Vehicle Act. However, that does not eliminate the need to consider the reasonableness of each person's actions. In other words the Motor Vehicle Act is not a complete legal framework for determining liability (Salaam v. Abramovic, 2010 BCCA 212 at paras. 18, 21 [as cited in Davies]).
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