What factors have been considered in assessing moral blameworthiness and contributory negligence in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Marcena v Thomson, 2019 BCSC 1287 (CanLII):

In the often-cited Aberdeen v. Langley (Township), 2007 BCSC 993, varied on other grounds, 2008 BCCA 420 at para. 62, Justice Groves summarized the factors courts have considered in assessing moral blameworthiness and contributory negligence. Those factors are: 1) the nature of the duty owed by the tortfeasor to the injured person; 2) the number of acts of fault or negligence committed by a person at fault; 3) the timing of the various negligent acts; 4) the nature of the conduct held to amount to fault; 5) the extent to which the conduct breaches statutory requirements; 6) the gravity of the risk created; 7) the extent of the opportunity to avoid or prevent the accident or the damage; 8) whether the conduct in question was deliberate or unusual or unexpected; and 9) the knowledge one person had or should have had of the conduct of another person at fault.

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