As previously discussed, occasionally a motorist who is rear-ended by another can be found liable for the collision. Reasons for judgement were published today by the BC Supreme Court, New Westminster Registry, with such a result.
In the recent case (Bay v. Woollard) the Plaintiff struck a vehicle that had, moments prior, struck another vehicle. The middle motorist in the three car pile up was found 25% at fault for the second collision despite being rear-ended. The primary reason for this finding was the Defendant’s failing to brake before the first crash thus depriving the Plaintiff of full notice of the imminent hazard. In reaching a 75/25 split for the impact Mr. Justice Harvey provided the following reasons: