24 Jun Two Vehicles Back Into Each Other
In the case of Strilec v. Leila, 2015 BCSC 1515, liability for the accident was in dispute. The accident happened as the Plaintiff and his family were driving to a charitable organization to drop off some donations. The Plaintiff realized he had forgotten his wallet. He pulled into a driveway a couple of blocks from home to turn around. He checked his side and rear view mirrors quickly, looked out the back window, saw the road was clear, and pulled out of the driveway. Once he pulled out he brought his vehicle to a complete stop, put it into drive and was hit from behind. He did not see the other vehicle before impact. When the drivers exchanged information, the Defendant said something about being late for work.
At her examination for discovery, the Defendant acknowledged she got in her car and put it in reverse. She admitted she was leaving her house later than she normally did. She confirmed she did not see the other vehicle at all before the collision.
The Plaintiff argued the Defendant was 100% liable for the accident. The Defendant argued that the Plaintiff was 50% at fault for the accident because the two drivers were backing up simultaneously and each should have seen the other. The Defendant conceded that she may have been backing up fractionally later than the Plaintiff but in any event, he should have seen her.
The Judge found that the Plaintiff looked before he backed out of the driveway and did not see the Defendant because she was backing up a few seconds later than him and was not there to be seen. The Judge found the Defendant 100% at fault for the accident.