What is the obligation of the following driver to show he is not at fault in a collision?
British Columbia, Canada
The following excerpt is from Cannon v. Clouda, 2002 BCPC 26 (CanLII):
In the case of a rear-end collision, there is an onus on the following driver to show he was not at fault. (Baker v. Cade, 1999 B.C.J. No. 239 (S.C.) at paragraph 15.)
An exception to that law is where the leading driver suddenly and unexpectedly slows down on a green light, then the failure of the leading driver to exercise due care and attention causes the lead driver to be the sole cause of the accident. (Ayers v. Singh, 1995 B.C.J. No 2842 (B.C.S.C.))
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the duty of a servient driver in a collision involving a dominant driver to prevent a collision? (British Columbia, Canada)
In a rear-end collision, does the following driver have any responsibility for causing the collision? (British Columbia, Canada)
In a collision where a dominant driver has a view of the intersection blocked by a stationary bus, can the dominant driver be found to be contributorily negligent? (British Columbia, Canada)
What is the test for a driver who stops at the scene of a collision to obtain the licence plate number of the other driver? (British Columbia, Canada)
Does a servient driver have an obligation to yield to the dominant driver? (British Columbia, Canada)
In a collision involving a rear end driver of a semi-trailer truck, is there any inference of negligence against the rear-end driver? (British Columbia, Canada)
What is the difference between a left turning driver and an oncoming driver in a collision? (British Columbia, Canada)
Can a dominant driver be found contributorily negligent in a collision involving a servient driver? (British Columbia, Canada)
Is a driver required to anticipate another driver’s actions to avoid a collision? (British Columbia, Canada)
What is the obligation of a driver to follow at a safe distance? (British Columbia, Canada)
