What is the duty of a driver of a vehicle following a collision with another vehicle?
British Columbia, Canada
The following excerpt is from Rai v. Fowler, 2007 BCSC 1678 (CanLII):
The duty requires the driver of a following vehicle to allow safely for emergencies that may arise, as Baker J. explained in Pryndik v. Manju, 2001 BCSC 502 at ¶21: The operator of a motor vehicle, following other vehicles, should keep his vehicle under sufficient control at all times to be able to deal with an emergency such as the sudden stopping of a vehicle in the line of vehicles ahead and the telescope effect that results, as each successive driver attempts to bring his or her vehicle to a halt.
"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 test for following a motor vehicle following a collision involving two other vehicles? (British Columbia, Canada)
What is the duty of a servient driver in a collision involving a dominant driver to prevent a collision? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
Is a plaintiff's soft tissue injury from a collision with another vehicle aggravated by a subsequent collision? (British Columbia, Canada)
Is a driver required to anticipate another driver’s actions to avoid a collision? (British Columbia, Canada)
In a motor vehicle accident where a bee flew into the vehicle, landed on the driver's stomach and he froze, can the driver be found to have been negligent? (British Columbia, Canada)
In a rear-end collision, does the following driver have any responsibility for causing the collision? (British Columbia, Canada)
What is the test for determining whether a driver is 50% responsible for a collision between two vehicles in a parking lot? (British Columbia, Canada)
What is the test for liability when a collision occurs between a plaintiff motor vehicle and a forward vehicle? (British Columbia, Canada)
Can a dominant driver be found contributorily negligent in a collision involving a servient driver? (British Columbia, Canada)
