What is the liability of a driver who rearides another vehicle?
British Columbia, Canada
The following excerpt is from Lim v Busha, 2019 BCSC 1223 (CanLII):
When one vehicle rear ends another, the onus is on the rear-ending vehicle to demonstrate the absence of negligence. Driving with due care and attention assumes being on the lookout for the unexpected: Wallman v. John Doe, 2014 BCSC 79 at paras. 409–411 and the authorities cited therein. Having found the plaintiff’s version of events to be more likely in the circumstances, I find the defendant fully liable for the First Accident.
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