What is the test for a driver who is involved in a collision involving a vehicle that is rear-ended?
British Columbia, Canada
The following excerpt is from Varga v. Kondola, 2016 BCSC 2406 (CanLII):
One way in which a driver of a rear-ending vehicle may discharge the onus of showing he was not negligent is to show that the driver of the front vehicle suddenly changed lanes in front of him, not allowing sufficient time to stop, as in Cue v. Breitkreuz, 2010 BCSC 617 at paras. 15-16, and Bingul v. Youngson, 2016 BCSC 1868 at para. 55.
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