In what circumstances will a defendant be liable for injuries sustained in a motor vehicle accident?

Once factual causation is found, liability may still be limited in the assessment of damages. I note the well-established principle of tort law that the defendant need not place the plaintiff in a better position than his original position and should not be required to compensate the plaintiff for damage he would have suffered in any event. This is otherwise known as the crumbling skull rule: Blackwater v. Plint, 2005 SCC 58 at paras. 78 - 81.