Anyone ever been rear-ended?

[CanuckNut4Life]

Today I was headed to the movies with a few friends and was driving on a 2 lane road. I noticed up ahead that there was a car in the left lane with a flat tire and a guy standing beside his vehicle. I decided to slow down and stop and ask him if he was ok. ( Being a good samaritan). All of a sudden I hear this horn and smack. I get rear ended. 

 

Thinking back I know I probably shouldn't have completely stopped in the middle of the street. However, I wanted to make sure everything was cool before proceeding. Has anyone ever been rear-ended? Would ICBC find me at fault in anyway? I had no problem stopping my car, but apparently the guy who rear ended me couldn't. Stop in time. The roads were really icy and he had all season tires on.

 

Thoughts? 

[Lafayettecrossbar]

I've been rear-ended twice. The other driver was at fault both times so after doing some physiotherapy I received a cheque from ICBC relative to my injuries. 

 

I'm not sure if ICBC would find you at fault, or, partial fault for your accident. However, if you A] were stopped in the middle of the street, B] did not have your hazard lights on, then that would likely not work in your favor. 

 

If you sense any pain or discomfort in your back or neck, make sure to document it and forego any physical activity for a bit [sports, chores, etc.], if you have to miss work for a while, so be it. Do not downplay your injuries. Do not try to sound "tough like a man" when speaking to the ICBC representative. If you are hurt, you are hurt. 

 

Sucks to get rear-ended, hope you receive what you're entitled to. 

[Nuxfanabroad]

I've always been straight.

[-AJ-]

I haven't personally been, but my parents have been a few time and my Dad rear-ended someone once. Every single time, it's been the rear-ender's fault, so I have to imagine that at the very least, you won't be totally at fault, if at all. No promises though, I have little experience with insurance claims.

[khay]

I have never been rear-ended but from what I have seen and heard from similar accidents, it looks like you will take at least 50% of the blame, if not more. If this happened at a traffic light and you are stoped for a red light, then the other driver will shoulder most, if not all of the blame as he should have slowed down for the red light.

 

Stopping in the middle of the road is basically never an OK thing to do and if it results in a crash of any kind, the guy in the front who stopped at a place where he shouldn't be stopped, will shoulder majority of the blame. 

 

Was there any reason for which the driver behind you should have slowed down? I guess you mentioned icy conditions but also, poor visibility, curved road, nearing a traffic light/stop sign? Or did it seem like the driver that hit you was driving under some sort of influence (alcohol etc)? If not, I can't think of a case where you will not shoulder at least 50% of the blame. It sucks since you were just being a good samaritan.

 

[Jägermeister]

Most of the time the person who does the rear ending is to blame.  This is due to the fact that they must have either been tailgating or not paying attention to actually rear end you.

[D.B Cooper]

2 hours ago, CanuckNut4Life said:

Today I was headed to the movies with a few friends and was driving on a 2 lane road. I noticed up ahead that there was a car in the left lane with a flat tire and a guy standing beside his vehicle. I decided to slow down and stop and ask him if he was ok. ( Being a good samaritan). All of a sudden I hear this horn and smack. I get rear ended. 

 

Thinking back I know I probably shouldn't have completely stopped in the middle of the street. However, I wanted to make sure everything was cool before proceeding. Has anyone ever been rear-ended? Would ICBC find me at fault in anyway? I had no problem stopping my car, but apparently the guy who rear ended me couldn't. Stop in time. The roads were really icy and he had all season tires on.

 

Thoughts? 

You stopped in the middle of the icy road, and you question if it is your fault?  

Seriously?   

Being a good person is one thing, straight up not using your head is another.   

You want to help someone out, pull up behind, or in front of the person.  

Get off the road 

 

Id be furious at you if I was in the car that hit you.  Who the hell stops in the middle of the road, especially if it is icy.  

 

Honestly, I really hope ICBC seeing this as it is, a bonehead manoeuvre, and finds you at fault.  

 

Sorry to be against you here, but really dude?

[nucklehead]

If your brake lights were working properly that doesn't matter. Be furious all you want it's your responsibility to stop your vehicle.  traffic starts and stops all the time in the city.   The fact he had all seasons on will not go in his favour either. I suggest you get a doctors examine as well. Soft tissue damage is tricky.

[PlanB]

1 hour ago, khay said:

 

Stopping in the middle of the road is basically never an OK thing to do and if it results in a crash of any kind, the guy in the front who stopped at a place where he shouldn't be stopped, will shoulder majority of the blame. 

This is completely false. 

 

I stopped in the middle of a very busy highway once because some idiot kids decided to run across the road (they were across,  but I stopped because I didn't know if there were more ) and i was rear ended by an F-250.  My vehicle was totalled and I had 'soft tissue damage' and major whiplash. 

 

It was black and white - the driver who hit me was 100% at fault.   They were given an undue care and attention traffic violation and some other fine which i can't remember now.   ICBC said,  correctly imo,  that if I had enough time to stop where I did then so should everyone. 

 

If the road was icy, but clear visibility,  then it doesn't matter where the OP stopped,  people following behind should be able to stop as well. 

 

My advice to the OP is to document everything you can remember on paper - and I mean EVERYTHING.   You never know what info will be useful down the road or what the other person may fabricate in their own defense.  No matter how good your memory is it isn't better than pen/paper.

 

Personal injury lawyers often do a free consultation meeting - if necessary,  make an appointment. 

 

Good luck to you. 

 

 

[Rocksterh8]

You should use your head, and never stop on an icy road, pull over to the side if you must

[ice orca]

5 hours ago, CanuckNut4Life said:

Today I was headed to the movies with a few friends and was driving on a 2 lane road. I noticed up ahead that there was a car in the left lane with a flat tire and a guy standing beside his vehicle. I decided to slow down and stop and ask him if he was ok. ( Being a good samaritan). All of a sudden I hear this horn and smack. I get rear ended. 

 

Thinking back I know I probably shouldn't have completely stopped in the middle of the street. However, I wanted to make sure everything was cool before proceeding. Has anyone ever been rear-ended? Would ICBC find me at fault in anyway? I had no problem stopping my car, but apparently the guy who rear ended me couldn't. Stop in time. The roads were really icy and he had all season tires on.

 

Thoughts? 

Did you notice how close the guy was behind you? did you put on 4-way flashers to warn the guy even if he was close? your accident could have been avoided by not stopping in the middle of the road as you probably know now. Insurance companies look at 2 things was the accident preventable or non preventable.

[Bizarre]

He will be at fault, however I would suggest you take a few driving lessons because it sounds like you need them.

 

I don't understand how some people get their license. 

[48MPHSlapShot]

Yes, but I prefer to pitch tbh.

[NHL'er]

4 hours ago, Jägermeister said:

Most of the time the person who does the rear ending is to blame. 

 

Applicable to both motor vehicles and human relationships. 

[Sean Monahan]

@Twilight Sparkle

 

in good humor.

[Warhippy]

I LOVE the comments from some of you

 

Take driving lessons.

 

learn the road

 

You're at fault

 

In BC the trailing vehicle is almost always at fault.  The trailing vehicle must ALWAYS produce themselves enough time to stop or else they likely will be found to be following the leading vehicle too closely.

 

I don't care how outraged you are, laws are laws.  He could have locked them up in a crosswalk and he's not at fault

 

Some of you guys need to take driving lessons.

 

http://www.icbc.com/claims/determine-fault/Documents/rear-end.pdf

 

Edit** More links

 

http://www.icbcclaiminfo.com/node/27

 

http://www.icbc.com/claims/determine-fault/Pages/Assessing-fault-in-a-crash.aspx

 

Sorry if you don't like it.  But if you learn to drive you know the minimum safe driving distance between two vehicles allows for time to stop in almost any condition so long as you are driving with due care and attention and not speeding.

[Bur14Kes17]

Well I'd say you caused the accident and the other driver wasn't aware enough to compensate for the mistake you made. 

ICBC will likely find you both at fault. This reminds me of the case in Quebec where a woman stopped her SUV in the middle of a highway to help some ducks cross the road and a guy on a motorcyle rear ended her and was killed and the courts found her guilty and charged her. 

Mind you, there's a big difference with you being on a city street where you can pull off and top anytime and not on a Hwy. 

Don't ever stop in the middle of a road for no reason. If that was me who rear ended you last night, I'd be sueing.

[Rocky Balboa]

Warhippy has it right.  The rear ender is nearly always at fault. 

 

At all times you need to leave enough room for you to stop before hitting the car in front of you. 

 

I know of one exception.  When it's a chain reaction rear ender.  I was rear ended so hard once at a red light that it was enough to move my car into the one in front of me, even though I left enough room.  ICBC made the first rear ender pay for EVERYTHING. 

 

 

[Rocky Balboa]

3 minutes ago, Bur14Kes17 said:

Well I'd say you caused the accident and the other driver wasn't aware enough to compensate for the mistake you made. 

ICBC will likely find you both at fault. This reminds me of the case in Quebec where a woman stopped her SUV in the middle of a highway to help some ducks cross the road and a guy on a motorcyle rear ended her and was killed and the courts found her guilty and charged her. 

Mind you, there's a big difference with you being on a city street where you can pull off and top anytime and not on a Hwy. 

Don't ever stop in the middle of a road for no reason. If that was me who rear ended you last night, I'd be sueing.

 

They could always counter-sue you for negligent driving...

[Fanuck]

3 hours ago, PlanB said:

ICBC said,  correctly imo,  that if I had enough time to stop where I did then so should everyone. 

 

If the road was icy, but clear visibility,  then it doesn't matter where the OP stopped,  people following behind should be able to stop as well. 

^ Essentially this.

 

Doesn't matter where/when, it is the responsibility of the trailing vehicle to adjust speed to suit the conditions and create the necessary safe stopping distance between themselves and the leading vehicle. 

 

Some idiot comments here would have one believe you can legally hit people from behind if you don't think they should be where they are. You people are the ones that need lessons ironically.