Q&A - Stopping Behind Other Stopped Vehicles

(1) what happens if you are the 2nd car in line stopped at a red light for instance, and a 3rd car rear ends you pushing you into the car in front? Can you be charged for rear-ending the 1st car in line even though you weren't moving?

(2) If you believe you had left a generous amount of space between you and that 1st vehicle but the force is such to still propel you into the car in front, are you still held at fault?

(3) Is there any measurement of space you must leave between you and the 1st car to avoid being held at fault if this happens or are you just deemed to have been too close no matter how much space you think you left if in fact your car comes in contact with the front car?

Answer

1) I can't think of any offence under the Motor Vehicle Act that might be used to charge the driver of the second vehicle.

2) Being held at fault may also mean being found partially liable under civil law. If it could be shown that the stopping distace you left was unreasonable in the circumstances and that had you left a reasonable amount the second collision would not have occurred, then yes, I guess it is possible that you could be held partially liable. I have never seen any case law that dealt with a situation like this.

3) When I was taught to drive I was required to come to a stop in a position such that when I looked over the hood in front of me I saw pavement between the front of my car and the back tires of the vehicle in front of me.

Would it be safe for me to guess that you were in a collision as vehicle 2 and are now having trouble with an insurance claim?

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Insult to injury - or worse?

I've heard of this happening, where some ICBC person somehow decides that the driver of the second car is at fault for being pushed into the vehicle in front.

My advice? FIGHT IT! Make it absolutely, unequivocally, LOUDLY clear that if ICBC are going to try to find you at fault for an event completely beyond your control, you will hire a lawyer, you will present documentation from your physician (due to your neck pain and suffering), you will bring an engineer to court to explain about physics (including the fact that when hit from behind, your whole body stays in place momentarily relative to your vehicle, including the foot you had on the brake).

Do NOT discuss with an ICBC one on one; do not let them put you in that little room where somebody types up your statement and asks you to sign it. Or at least, not without a lawyer present. Make it clear to them that you are already intending to submit the bill for the lawyer, and that they will have to pay it if they lose.

ICBC will probably try to drag this out; particularly if they think that you're on your back foot; hurt, unable to work or pay your bills, etc. These are the tactics they use, and I'm saying this from first hand experience. Your adjudicator will probably try to maneuver the dialogue to where some supposedly impartial tribunal of 'experts' will make the decisions regarding your case.

Call bullshit on this; demand the names and credentials of the people on the adjudication committee. Demand your right to discuss with them directly, with your lawyer present. Document everything, demand copies of everything, make it absolutely and abundantly clear that you are not going to be held even 1% responsible (even if you were looking at your cellphone and didn't see the collision coming, which any aware driver would have).