What is the standard of care for an individual who is injured in a motor vehicle accident?

Justice Larlee then referred to Ryan v. Victoria (City) 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201 to determine the standard of care. In that case Justice Major said: Conduct is negligent if it creates an objectively unreasonable risk of harm. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances. The measure of what is reasonable depends on the facts of each case, including the likelihood of a known or foreseeable harm, the gravity of that harm, and the burden of cost which would be incurred to prevent the injury. In addition, one may look to external indicators of reasonable conduct, such as custom, industry practice, and statutory or regulatory standards.