What is the test for determining who is at fault in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Knight v. Li, 2011 BCSC 184 (CanLII):
Therefore the dominant driver is at fault if he had a reasonable opportunity to avoid the accident but failed to do so. Note the standard is reasonableness; the dominant driver is not required to take extraordinary steps to avoid the collision: Salaam v. Abramovic, 2010 BCCA 212 at para. 25. Doubts are to be resolved in favour of the dominant driver.
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