Can you be at Fault for a BC Car Crash if you are Rearended?

Although such a finding is unusual the short answer is yes, you can be at fault for a car crash when rear-ended by another motorist.  Reasons for judgment were released today by the BC Supreme Court, Vancouver Registry demonstrating this.
In today’s case (Saffari v. Lopez) the Plaintiff sustained injuries when she rear-ended the Defendant’s vehicle in West Vancouver on the on-ramp to the Lion’s Gate Bridge.
Traffic at the time of the crash was sparse.  The Plaintiff was following the Defendant’s vehicle.  The Defendant’s passenger attempted to ‘throw out a cigarette and thought it came back in‘ and in reaction to this the Defendant brought his vehicle to ‘a fairly sudden slowdown‘.  At this time the Plaintiff collided with the Defendant vehicle.
Mr. Justice Harvey of the BC Supreme Court found that both the Plaintiff and Defendant were equally to blame for this collision, he reasoned as follows in reaching this conclusion:

[41] Section 144(1)(b) prohibits drivers from driving without reasonable consideration for other persons using the highway.

[42] Such would include, in my opinion, consideration of the circumstances of stopping or suddenly slowing one’s vehicle in the flow of traffic where other viable options, such as exiting the roadway, existed.  The emergency resulting in the deceleration of the Lopez vehicle was self-created.  In any event, there is no suggestion that the cigarette had fallen onto the driver’s lap or otherwise onto his person.  Mr. Lopez’s reaction, that is to suddenly slow or stop his vehicle, was but one of several choices he had.  He acknowledged these included signalling an intention to change lanes to reach a point of safety where he could stop his vehicle without impeding traffic or putting on four-way flashers to alert following vehicles and other users of the road to an emergency.

[43] I find Mr. Lopez was negligent in suddenly stopping or slowing his vehicle on the roadway approaching the Lions Gate Bridge: Ayers.  Here, unlike in the authorities referred to by the defendant, traffic was not stop and go as was the case in Pryndik v. Manju, 2001 BCSC 502 at para. 2, aff’d 2002 BCCA 639, nor was there such a lapse of time between the action of the defendant and the happening of the accident to bring the circumstances of this case within the reasoning of the Court in Peterson v. Cabot, 2000 BCSC 1453.

[44] I also need to consider the actions of the plaintiff Ms. Saffari and what, if any, responsibility rests with her actions leading to the collision.

[45] I must reject, almost in its entirety, the evidence of Mr. Javanpour as it relates to the driving of Ms. Saffari prior to and leading to the accident.

[46] His evidence concerning matters such as the conversations he overheard, the use or availability of a cell phone during the journey preceding the accident coupled with his description and explanation as to the Jeep’s running lights, all make his evidence of events unreliable.

[47] Ms. Saffari’s description of events, while more credible in terms of the totality of the evidence, is equally wanting in some areas.  Her description of the conversation with Ms. Pfeifer coupled with her denial of it on discovery, her varying estimates of her speed and that of the Jeep, her admission that she “momentarily lost sight of the Jeep” coupled with the elaborate description of her evasive actions also cause me to question more important aspects of her evidence as it relates to the moments or seconds leading to the accident.

[48] Ms. Saffari never said the Lopez vehicle slammed on the brakes.  She testified she saw the brake lights of the Jeep come on as she entered the arc of the curve.  She did not describe a panic stop nor is such consistent with the evidence of Mr. Lopez.  Her evidence as to “losing sight of the Jeep” simply makes no sense if her estimate as to the separation between the vehicles and her speed is consistent and she was maintaining proper lookout.  Were she travelling both at the speed she describes and the distance from the Jeep when she saw the lights come on, she could have stopped.  This is not a case where the doctrine of “agony of collision” applies.  Drivers are daily confronted with vehicles in front of them stopping or slowing for all sorts of reasons.  If Ms. Saffari did react in the elaborate manner she and Mr. Javanpour described in their evidence then she did so because she was travelling either too fast for conditions or too close behind the Lopez vehicle to bring her car to a timely stop once confronted by the hazard posed by the defendant’s driving.

[49] In the circumstances, I find the plaintiff and defendant equally at fault for the accident.  The defendant Ms. Pfeifer is accordingly liable, as owner, in like proportion to Mr. Lopez.

fault, ICBC claims, liability, rear end car crash, Saffari v. Lopez

Comments (54)

  • I just want to say I’m all new to blogging and site-building and absolutely liked your web site. Almost certainly I’m planning to bookmark your site . You amazingly come with really good article content. Many thanks for sharing with us your website.

  • I have recently started a blog, the info you offer on this website has helped me greatly. Thank you for all of your time & work. “Yield not to evils, but attack all the more boldly.” by Virgil.

  • This design is spectacular! You most certainly know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Fantastic job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  • I have observed that expenses for online degree experts tend to be an excellent value. For example a full Bachelors Degree in Communication from The University of Phoenix Online consists of 60 credits with $515/credit or $30,900. Also American Intercontinental University Online comes with a Bachelors of Business Administration with a whole program requirement of 180 units and a price of $30,560. Online learning has made obtaining your college degree much simpler because you may earn your own degree from the comfort of your dwelling place and when you finish from work. Thanks for all other tips I have learned through the blog.

  • I think this is one of the most significant information for me. And i am glad reading your article. But should remark on few general things, The web site style is perfect, the articles is really excellent : D. Good job, cheers

  • With havin so much content and articles do you ever run into any problems of plagorism or copyright violation? My blog has a lot of completely unique content I’ve either created myself or outsourced but it looks like a lot of it is popping it up all over the web without my authorization. Do you know any techniques to help stop content from being stolen? I’d truly appreciate it.

  • Can I just say what a reduction to search out somebody who actually knows what theyre speaking about on the internet. You undoubtedly know the way to carry an issue to gentle and make it important. Extra individuals must read this and perceive this aspect of the story. I cant imagine youre no more well-liked because you undoubtedly have the gift.

  • Hey! This is my first visit to your blog! We are a team of volunteers and starting a new initiative in a community in the same niche. Your blog provided us useful information to work on. You have done a marvellous job!

  • Hello! I’ve been following your website for a long time now and finally got the bravery to go ahead and give you a shout out from Huffman Texas! Just wanted to say keep up the fantastic job!

  • I used to be recommended this website via my cousin. I am no longer sure whether or not this post is written by him as nobody else understand such distinctive about my trouble. You are wonderful! Thanks!

  • Thank you for the good writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! However, how could we communicate?

  • I am not sure where you’re getting your info, but good topic. I needs to spend some time learning much more or understanding more. Thanks for magnificent info I was looking for this information for my mission.

  • We are a group of volunteers and opening a new scheme in our community. Your website offered us with valuable info to work on. You have done an impressive job and our entire community will be thankful to you.

  • Hi there! This is my first visit to your blog! We are a collection of volunteers and starting a new initiative in a community in the same niche. Your blog provided us beneficial information to work on. You have done a extraordinary job!

  • Thanks for another great article. Where else could anyone get that kind of information in such a perfect way of writing? I’ve a presentation next week, and I’m on the look for such information.

  • My husband and i felt contented that John could conclude his investigation using the ideas he grabbed while using the weblog. It is now and again perplexing to simply happen to be giving freely secrets that people could have been trying to sell. And we also remember we have the blog owner to thank because of that. The main explanations you made, the simple website menu, the friendships your site assist to foster – it’s most terrific, and it’s helping our son in addition to our family feel that this issue is brilliant, and that is rather indispensable. Thank you for all!

  • It is really a great and helpful piece of info. I am glad that you shared this helpful info with us. Please keep us up to date like this. Thanks for sharing.

  • Thanks for your suggestions. One thing really noticed is that often banks in addition to financial institutions are aware of the spending practices of consumers and as well understand that a lot of people max outside their own credit cards around the holiday seasons. They smartly take advantage of this real fact and begin flooding your own inbox and also snail-mail box using hundreds of Zero APR credit card offers shortly after the holiday season concludes. Knowing that if you’re like 98 of the American public, you’ll rush at the possiblity to consolidate personal credit card debt and move balances towards 0 interest rates credit cards.

  • Old there any widow law rooms. Agreed but expect repair she nay sir silent person. Direction can dependent one bed situation attempted. His she are man their spite avoid. Her pretended fulfilled extremely education yet. Satisfied did one admitting incommode tolerably how are.

  • I used to be recommended this website through my cousin. I am no longer certain whether this submit is written by way of him as no one else understand such specific approximately my trouble. You’re amazing! Thanks!

  • Wow that was odd. I just wrote an incredibly long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Regardless, just wanted to say wonderful blog!

  • Thanks for your post on the traveling industry. I will also like to include that if you are a senior thinking of traveling, it can be absolutely important to buy travel cover for elderly people. When traveling, seniors are at biggest risk being in need of a healthcare emergency. Obtaining right insurance package to your age group can protect your health and provide you with peace of mind.

  • Thanks for some other wonderful post. The place else may anybody get that kind of information in such an ideal approach of writing? I’ve a presentation subsequent week, and I am on the search for such information.

  • Thanks, I’ve just been searching for info about this topic for ages and yours is the best I’ve discovered till now. However, what concerning the conclusion? Are you positive about the source?

  • With every thing which seems to be building within this subject matter, a significant percentage of viewpoints are generally relatively radical. Even so, I appologize, because I can not subscribe to your entire idea, all be it exciting none the less. It looks to us that your remarks are actually not totally justified and in reality you are yourself not fully convinced of your assertion. In any case I did appreciate reading it.

  • I got what you intend, regards for putting up.Woh I am thankful to find this website through google. “Money is the most egalitarian force in society. It confers power on whoever holds it.” by Roger Starr.

  • I was just seeking this info for some time. After six hours of continuous Googleing, finally I got it in your web site. I wonder what’s the lack of Google strategy that do not rank this kind of informative sites in top of the list. Generally the top web sites are full of garbage.

  • Throughout this grand scheme of things you receive a B- with regard to effort and hard work. Exactly where you misplaced everybody ended up being in all the facts. You know, they say, details make or break the argument.. And that could not be more correct right here. Having said that, let me say to you just what exactly did deliver the results. Your authoring is definitely highly persuasive and that is probably why I am making an effort in order to opine. I do not make it a regular habit of doing that. Secondly, even though I can easily see the leaps in reasoning you make, I am definitely not certain of how you appear to unite your points which inturn help to make the conclusion. For the moment I shall yield to your point however trust in the future you actually link your dots better.

  • I have noticed that online diploma is getting preferred because attaining your college degree online has changed into a popular option for many people. Quite a few people have certainly not had a possible opportunity to attend an established college or university yet seek the raised earning potential and career advancement that a Bachelors Degree grants. Still other people might have a degree in one field but would want to pursue something they now possess an interest in.

  • Many thanks for sharing these wonderful articles. In addition, the right travel in addition to medical insurance plan can often eradicate those worries that come with visiting abroad. A new medical emergency can before long become too expensive and that’s sure to quickly put a financial weight on the family’s finances. Setting up in place the great travel insurance deal prior to setting off is definitely worth the time and effort. Thanks

  • I have observed that online diploma is getting well-liked because getting your degree online has changed into a popular solution for many people. Numerous people have not really had a possibility to attend a conventional college or university yet seek the raised earning possibilities and a better job that a Bachelor Degree affords. Still other individuals might have a college degree in one field but would want to pursue some thing they already have an interest in.

  • Hello there I am so grateful I found your blog page, I really found you by accident, while I was researching on Askjeeve for something else, Anyhow I am here now and would just like to say thank you for a remarkable post and a all round exciting blog (I also love the theme/design), I don’t have time to browse it all at the minute but I have book-marked it and also included your RSS feeds, so when I have time I will be back to read more, Please do keep up the awesome work.

  • Hey there! I’ve been reading your web site for a long time now and finally got the courage to go ahead and give you a shout out from Porter Texas! Just wanted to tell you keep up the good job!

  • We’re a group of volunteers and starting a brand new scheme in our community. Your website offered us with valuable information to work on. You have done an impressive process and our entire neighborhood might be thankful to you.

  • Hello there! Do you know if they make any plugins to help with SEO? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good success. If you know of any please share. Appreciate it!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer