What is the current state of the law in assessing fault in motor vehicle accident cases?

British Columbia, Canada


The following excerpt is from Miles v. Kumar, 2013 BCSC 1688 (CanLII):

It is well settled that the provisions of the MV Act provide guidelines, rather than a complete legal framework, for assessing fault in motor vehicle accident cases. Users of the road are expected to exercise reasonable care, even when others have failed in respect of their statutory duties (see Salaam v. Abramovic, 2010 BCCA 212).

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