A recent ruling by the BC Civil Resolution Tribunal (CRT) has overturned ICBC’s decision to assign full blame to a driver who was rear-ended on the Port Mann Bridge after being brake-checked by another driver. The tribunal has determined that the blame should be shared, with the rear-ended driver held only 10% responsible.
The tribunal’s decision, based on dashcam footage, reveals a sequence of events where the rear-ended driver attempted to pass a white van on Highway 1, leading to a confrontation with the van driver. The van driver allegedly threw garbage at the rear-ended driver’s vehicle before brake-checking and causing the rear-end collision.
Tribunal member Christopher Rivers criticized the van driver’s actions as motivated by malice or anger rather than safety, stating that the aggressive braking directly caused the accident. Despite acknowledging the rear-ended driver’s risky lane change, the tribunal found that the van driver’s behavior was the primary factor in the crash.
ICBC’s initial ruling of placing full blame on the rear-ended driver was deemed unreasonable by the tribunal, which ordered the insurer to revise the responsibility assessment to reflect the shared blame. While the rear-ended driver was found partially at fault for her lane change decision, the van driver’s deliberate brake-checking was identified as the main cause of the accident.
