A decision of the British Columbia Supreme Court provides an interesting reminder of just how much responsibility a driver has when backing a vehicle.
The case involved two Vancouver neighbours, Todd Fewer and Edward Powell. They lived across an alley from one another but had never met. An ongoing problem involved the position of Mr. Fewer's garbage bins, which sometimes made it difficult for Mr. Powell to back out of his carport.
The Disagreement
The incident that eventually led to the court case began when Mr. Fewer saw Mr. Powell backing out of his carport and pushing the garbage bins with the rear of his vehicle.
Mr. Fewer went to the passenger side of the vehicle and the two men discussed the problem. The court described the result simply: "Both men concluded further discussion between them was not going to be fruitful."
The Collision
Mr. Fewer returned to his garbage bins, straightened them and then stood beside them.
Mr. Powell continued backing up. His vehicle struck the bins and then struck Mr. Fewer.
The matter eventually went to court, where the question was not simply who was backing the vehicle. The court had to decide who was responsible for the resulting injuries.
What Does the Law Require?
Section 193 of the Motor Vehicle Act says:
193 The driver of a vehicle must not cause the vehicle to move backwards into an intersection or over a crosswalk, and must not in any event or at any place cause a vehicle to move backwards unless the movement can be made in safety.
The important words are "unless the movement can be made in safety."
This applies whether you are backing out of a driveway, a parking space, a carport or anywhere else. Before moving backwards, you must make sure that the path is clear and that the entire movement can be completed safely.
Both Men Were Responsible
Justice Edelmann found that both Mr. Fewer and Mr. Powell were responsible for the collision. He concluded:
"Both Mr. Fewer and Mr. Powell assumed that the other man would act in a reasonably prudent manner. Unfortunately, neither of them did."
The court assigned 50% liability to each man.
That may seem surprising. Mr. Powell was the driver and his vehicle struck Mr. Fewer. However, the court found that Mr. Fewer also contributed to the collision by remaining beside the garbage bins while Mr. Powell was backing up. The result is a useful reminder that responsibility for a collision is not necessarily determined simply by asking who was driving and who was struck.
There is an important driving lesson here: never assume that someone else will get out of the way simply because you expect them to. At the same time, if you are on foot, don't assume that a driver sees you or will stop before moving a vehicle.
Give Yourself Room to Back Up
A driver who cannot see the entire area behind and around the vehicle should stop and check before backing. Don't begin until you are satisfied that the entire movement can be made safely.
In this case, the presence of the garbage bins created an ongoing problem. Regardless of where the bins were supposed to be, their presence did not make it safe to continue backing when a person was standing beside them.
A few seconds spent making sure the way is clear is a much better choice than discovering an obstacle—or a person—after the vehicle is already moving.
What About the Garbage Bins?
The position of the bins was also addressed in the case. The City of Vancouver's Solid Waste Management Service bylaw requires containers to be placed at the property line, at the level of the adjacent lane, clear of the area used for vehicle travel, during specified hours on collection day.
In other words, there were rules governing where the bins were supposed to be placed. But compliance with those rules did not remove the driver's responsibility to make sure that backing could be done safely.
The Takeaway
Section 193 of the Motor Vehicle Act is straightforward: don't back unless you can do so safely.
If something—or someone—is behind your vehicle, stop. Don't assume they will move. Don't assume they know you are about to back up. And don't continue simply because you believe you have the right to use the space.
When you are backing, safety is your responsibility.
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