Reversing accidents

This page discusses assessment of fault in accidents involving reversing vehicles.

 

The Motor Vehicle Act, RSBC 1996, c. 318 provides that drivers must not reverse into an intersection or over a crosswalk and, more generally, must not reverse unless the movement can be made in safety:

 

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.

(Motor Vehicle Act, RSBC 1996, c. 318, s. 193).

 

In Ireland v. Yun, [1987] BCJ No 653 Tyrwhitt-Drake J. found that the almost identically worded predecessor provision to s. 193 imposed “a liability on the defendant which is very close to absolute” i.e. except in unusual circumstances a reversing driver will be liable for accidents caused by reversing.

 

In Dechev v. Judas, 2004 BCSC 1564 Madam Justice Boyd found that s. 193 requires the defendant to guard against all reasonably foreseeable eventualities.

 

Clearly, the standard of care required by reversing drivers is extremely high.

 

 

 

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