What is relative fault in the context of a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Hildebrand v. Musseau, 2010 BCSC 1022 (CanLII):

Finch J.A. (as he then was) expanded upon the concept of relative fault in Alberta Wheat Pool v. Northwest Pile Driving Ltd. (2000), 80 B.C.L.R. (3d) 153, 2000 BCCA 505 at paragraph 46 as follows: Fault or blameworthiness evaluates the parties' conduct in the circumstances, and the extent or degree to which it may be said to depart from the standard of reasonable care. Fault may vary from extremely careless conduct, by which the party shows a reckless indifference or disregard for the safety of person or property, whether his own or others, down to a momentary or minor lapse of care in conduct which, nevertheless, carries with it the risk of foreseeable harm.

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