What is the test for determining who is liable in a collision involving a pedestrian and a car?
British Columbia, Canada
The following excerpt is from Marcena v Thomson, 2019 BCSC 1287 (CanLII):
Where a plaintiff pedestrian and defendant driver both fail to meet the requisite standard of care and an accident ensues, the court may apportion liability between them. Before liability will be apportioned, however, the defendant must establish that the plaintiff’s fault was a proximate, or effective, cause of the loss: McLaughlin v. Long, 1927 CanLII 53 (SCC), [1927] S.C.R. 303 (S.C.C.).
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