In a motor vehicle accident case, can a driver of a rear-end collision discharge the onus of showing he was not negligent?
British Columbia, Canada
The following excerpt is from Uy v Dhillon, 2019 BCSC 1136 (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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