What is the test for assessing fault in motor vehicle cases?

British Columbia, Canada


The following excerpt is from Ormiston v. Insurance Corporation of British Columbia, 2014 BCCA 276 (CanLII):

He then cited Salaam v. Abramovic, 2010 BCCA 212 at paras. 18 and 21, for the proposition statutory provisions provide guidelines for assessing fault in motor vehicle cases but are not a complete legal framework such that while a court will be informed by the rules of the road, they do not eliminate the need to consider the reasonableness of the parties’ actions. The rules of the road are important in determining whether the standard of care has been met but are not exhaustive measures of determining that standard. That is, of course, because the rules cannot comprehensively cover all possible scenarios and those who use the road must exercise reasonable care even when others may not respect their right of way.

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