What is the legal framework for assessing fault in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Chima v Kopec, 2018 BCSC 2242 (CanLII):

While the provisions of the Motor Vehicle Act provide guidelines for assessing fault in a motor vehicle accident case, they do not provide a complete legal framework. The court will be informed by the rules of the road in determining whether and to what extent the parties met their common law duties of care, but the rules do not eliminate the need to consider the reasonableness of the actions of the parties: Salaam v. Abramovic, 2010 BCCA 212 [Salaam] at paras. 18 and 21.

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