A driver who was attacked in a road rage incident on Langley’s Glover Road is still 50 per cent responsible for the crash, a B.C. Civil Resolution Tribunal has ruled.
ICBC was correct that the driver did have a chance to stop or slow down before the crash that took place immediately before he was assaulted, tribunal member Alison Wake ruled on Wednesday, Sept. 27.
The incident took place on May 8, 2022, on Glover Road in Langley’s Milner area.
The plaintiff in the case, and another man, identified as JM, both turned onto Glover from 216th Street.
According to the tribunal ruling, JM suddenly slowed down, and the plaintiff pulled onto the right shoulder to pass him.
A short time later, as the cars approached Smith Crescent, JM then passed the plaintiff by driving on the right hand shoulder of the road.
JM cut back in front of the plaintiff, and then deliberately slammed on his brakes.
The plaintiff crashed into JM’s rear bumper, causing some damage to the plaintiff’s vehicle, but no reported damage to JM’s vehicle.
Following the crash, JM got out of his vehicle and physically attacked the plaintiff, Wake’s ruling said. The RCMP were called and a police report filed.
After the chaos of the crash and attack, ICBC assigned the plaintiff 50 per cent responsibility for the crash itself.
He challenged that through the Civil Resolution Tribunal, but the tribunal found in favour of ICBC.
The ruling was based on dash camera footage and witness statements, as well as sections in the Motor Vehicle Act that require drivers to drive “with due care and attention.”
ICBC agreed that JM deliberately stopped after passing the plaintiff.
“However, it concluded based on its review of the dash camera footage that [the plaintiff] had an opportunity to stop or increase the distance between the vehicles before the accident occurred,” the tribunal ruled.