What is the current state of the law on driver's liability in a rear end collision?
British Columbia, Canada
The following excerpt is from Langille v. Nguyen, 2013 BCSC 1460 (CanLII):
The McKee decision was followed in Bowes v. Coles, 1975 Carswell PEI 63 (S.C.T.D.). In that case, an approaching vehicle driven by the plaintiff hit a vehicle which had been stopped at the side of the road by the defendant. The court stated that “[i]n rear-end collisions, a heavy burden rests upon the driver of the overtaking vehicle”: para. 14. The court found that the vehicle was plainly visible and that the plaintiff could have stopped in time to avoid the collision. The plaintiff’s negligence was found to be the sole cause of the collision despite the defendant’s negligence: paras. 13-15.
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