23 Dec Assessment of Damages if Plaintiff Partially Responsible for First of Two Accidents

The Plaintiff in Alragheb v. Francis,  2020 BCSC 1712 was involved in two motor vehicle accidents and was injured in both.

In the first accident, the Plaintiff was 50% responsible for the accident.  In the second accident, the second Defendant was solely responsible for the accident.

With respect to the Plaintiff’s damages arising before the second accident, the judge decided that the amount the Plaintiff would be awarded should be reduced by 50% because he was 50% at fault for the first accident. The Defendant involved in the second accident did not contribute to the damages or loss suffered by the Plaintiff between the first accident and the second accident.