While there are times when a vehicle that is rear-ended by another can be found at fault for the collision in the usual course of things the rear driver bears full responsibility. Reasons for judgement were published today by the BC Court of Appeal upholding such a finding.
In today’s case (Bains v. Chatakanonda) the Defendant stopped to execute a left hand turn when the Plaintiff rear ended his vehicle. The Plaintiff’s claim was dismissed at trial with the judge finding her fully at fault for the crash. On appeal the Plaintiff argued the Defendant should looked in his rear view mirror prior to stopping for his turn and failing to do so was negligent. In rejecting this argument and upholding the claim dismissal the BC Court of Appeal provided the following reasons: