Two Cars Reverse into One Another - Who's at Fault ?
BOTH CARS WERE IN REVERSE - WHO'S AT FAULT ?
Some times it's pretty easy to determine who's at fault for a car accident. For example, when one car crashes into the back of another. Unless there's something really weird going on the driver who slammed into the back of the car in front will be found at fault.
But every once and awhile there's a situation that's a bit out of the ordinary. Kind of like navigating uncharted waters.
The case of De Abreu v. Huang was that type of situation.
Here's the story.
Ms. De Abreau entered into an alley just south of the 500 block of West Broadway off of Ash. She drove in an easterly direction down the alley with the intention of finding a parking spot. After having travelled about 80 % of the way down the alley, she stopped and put her car in reverse ( she wanted to retrace her steps in order to see if there were parking spots she'd missed).
As Ms. De Abreu was reversing west down the alley, she was struck on the drivers side of her car. The car that struck her was driven by Mr. Huang. At the time of the accident Huang was was reversing out of a parking lot into the alley.
ICBC wanted to deal with Ms. De Abreu's accident on a 50/50 basis. ICBC claimed that because both vehicles were reversing at the time they should share responsibility equally.
I took this case to trial on behalf of Ms. De Abreu.
At the trial I argued that because Ms. De Abreu was travelling in the alley she was on the "dominant" roadway. I argued that because Mr. Huang was reversing out of a parking lot, into the alley, he was entering from a "servient" roadway.
Through the use of photographic evidence I was also able to prove that Mr. Huang's ability to see Ms. De Abreau's oncoming vehicle was impaired by a wall which blocked his view. And that in the circumstances he should have proceeded more cautiously.
Mr. Justice Steeves found Mr. Huang to be 100% responsible for the accident.
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