How is liability apportion in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Cytrynbaum v. Laine, 2022 BCCRT 109 (CanLII):
29. As I have found both drivers are negligent, I must apportion liability by fault or blameworthiness. Some of the factors to consider are referred to in Chambers v. Goertz, 2009 BCCA 358 at paragraph 56. One is that the party with the right of way may be considered less blameworthy.
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