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ARTICLE · 29 AUGUST 2018

Case Summary: Woitas v. Tremblay

Drivers of vehicles which manage to stop without collision will not be negligent.

CanadaInsurance

LIABILITY ISSUES

In a chain reaction series of rear end accidents, following vehicles are presumed to be negligent for rear end collisions and the fact that a driver has to stop for an accident in front of him will be no defence. Drivers of vehicles which manage to stop without collision will not be negligent.

Woitas v. Tremblay, 2018 ABQB 588, per Wachowich, Master [4287]

FACTS AND ISSUES:

On January 26, 2012, two rear-end accidents occurred on Highway 2 southbound, north of Leduc, Alberta. It was rush hour and traffic was backed up in the right lane of three southbound lanes, because of traffic in that lane waiting to exit to the right for the Nisku turnoff. Traffic in the other lanes were proceeding at slower than highway speed as drivers changed lanes, jockeying to make their way through the traffic.

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