What is the test for determining fault or blameworthiness in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Ford v. Henderson, 2005 BCSC 609 (CanLII):

The Court of Appeal reiterated this concept in Alberta Wheat Pool v. Northwest Pile Driving Ltd. (2000), 80 B.C.L.R. (3d) 153, 2000 BCCA 505 at para. 46: 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 a 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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