What is the standard of care for a plaintiff in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Tung v. Allen, 2008 BCSC 666 (CanLII):

The defendant argues that this is a case of purely soft-tissue injuries and that there are no objective findings by any of the professionals involved with the plaintiff. They quote the often cited decision of McEachern C.J.S.C. (as he then was) in Price v. Kostryba (1982), 1982 CanLII 36 (BC SC), 70 B.C.L.R. 397 (S.C.) where the Chief Justice stated at 398: Perhaps no injury has been the subject of so much judicial consideration as the whiplash. Human experience tells us that these injuries normally resolve themselves within six months to a year or so. Yet every physician knows some patients whose complaint continues for years, and some apparently never recover. For this reason, it is necessary for a court to exercise caution and to examine all the evidence carefully so as to arrive at fair and reasonable compensation.

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