I pulled out from the curb, and was hit by a car that I never saw – who is at fault?

  • Each case depends on its facts – you might be 100% at fault, or the other car might be 100% at fault.

In one of our cases, our client checked for traffic behind him, saw none, so signalled and pulled away from the curb.  He immediately started a left turn into a side street.  He was t-boned by a car that came from behind.  The other car was 100% at fault.

Key facts were that

  1. the road was a steep, rolling hill, so cars could not be easily seen on the road;
  2. our client checked for oncoming traffic before proceeding, and there was no apparent threat posed by other vehicles travelling downhill;
  3. he did not see the other car until he already committed to making his left turn;
  4. the other driver was speeding, travelling at over 40 kph in a 30 kph zone;

The judge decided that the movement of Mr. Thomson’s truck was one that could have been made with reasonable safety, but for the actions of Mr. Hunt.  At the time Mr. Thomson began to cross the road from his position by his driveway Mr. Hunt’s car was not so close to him as to constitute an “immediate hazard”.  The manner in which Mr. Hunt controlled and operated his car could not have provided him with sufficient time to react to other vehicles that might seek to enter the road.

The judge decided that our client’s failure to allow for the possibility of a driver proceeding at a speed that was unsafe for the road did not demonstrate any lack of reasonable care.

If you do not agree with ICBC’s assessment of liability in your collision, contact us.  We can help.

Read the case:  Thomson v. Hunt

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