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
The following excerpt is from Bay v Woollard, 2019 BCSC 1073 (CanLII):
In Waters v. Mariash, 2012 BCSC 927, Madam Justice Humphries declined to draw an inference of negligence against the rear-end driver. The plaintiff had been traveling eastbound on Highway 1 in the right lane on a rainy, windy day when a tree suddenly fell across the highway, cutting off both eastbound lanes of traffic and causing the plaintiff to brake sharply and hit the tree. The rear-end driver, who was driving a semi-trailer truck behind the plaintiff in the left lane, braked sharply but was unable to stop before hitting the tree and striking the back of the plaintiff’s vehicle.
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