In Bingul v. Youngson, the Plaintiff was injured in a motor vehicle accident when he was rear ended by a dump truck just before an intersection. The Plaintiff sued for damages, however ICBC’S lawyer denied liability.
Counsel for the Plaintiff took the position that the Defendant’s negligence in not being able to stop in time is what caused the accident. ICBC’S lawyer argued that the Plaintiff’s negligence caused the accident, as the Plaintiff abruptly pulled into the Defendant’s lane when it was not safe to do so.
In the vast majority of cases, the driver of a car that strikes another car from behind is liable for the accident, as there is a prima facie case of negligence against the rear driver in such situations. The onus is on the driver of the rear vehicle to show that he or she did not cause the accident. It is usually a very high onus to meet.
In the case at bar, the Court had concerns with the Plaintiff’s credibility, given his inconsistencies in testimony vis a vis Examination for Discovery and trial, and vis a vis a statement made to an adjuster and his testimony at trial.
In finding the Plaintiff fully liable for the accident by determining that the sudden lane change made by the Plaintiff negated the prima facie assumption of liability on the rear driver, the Court commented :
 I have already noted a significant inconsistency between the statement Mr. Bingul made to an insurance adjuster on November 28, 2011 and the testimony he gave at trial about the timing of the collision in relation to the green light for westbound traffic on Broadway; and some discrepancies between answers given on examination for discovery and at trial. Mr. Bingul’s testimony about when he first saw Mr. Youngson’s vehicle and when that vehicle changed lanes, and from which lane, was less than precise.
 Having considered these and other matters relevant to credibility, and taking into account the testimony of Mr. Tupper, which supports the testimony of Mr. Youngson, I conclude that I must and do prefer the evidence of Mr. Youngson about the circumstances of the accident. I conclude that Mr. Youngson has provided an explanation for the collision − the sudden and unexpected lane change made by Mr. Bingul − that negatives the prima facie assumption of liability on the following driver.
 Mr. Bingul was aware that there was a large and heavy vehicle in the lane. I conclude that it was solely Mr. Bingul’s sudden and negligent move into the lane of travel of Mr. Youngson’s large and heavy vehicle that created the risk of collision and resulted in the accident.