Is a BC Ferries Loader Partly Responsible for a Collision?
I've been driving trucks commercially since I was 16 (now 53) with a Class 1 since 18. Never had at an fault accident in all those years, until last month. Guess it was bound to happen.
Now I disagree totally with ICBC's decision on it, so I'll bounce it off you for your thoughts.
I was on a BC Ferries driving my RV. As you know their employees direct loading and unloading as well as placement of vehicles. They owe a duty of care assigned by common law principals to all parties.
My RV has a large swing (pivot point) behind rear axle.
They park me in center lane but the right lane beside me they park a car.
While unloading the ship (ship is swaying from water turbulence), and under the direction of their staff, they flag me to move forward and disembark.
I motioned to flagger (control person) to watch my tail - as this in the world of trucking is the way its done - you do not move until given the ok all clear. Once again they control the movement of the vehicles.
Car parked beside me gets clipped by my rear bumper as I swing out to clear side of ship. It is a scratch - probably be a $1,000 to fix by the time the dust settles and at today's rates at a body shop.
But ICBC dinging my policy as a at fault collision. Now I have a 43% and 20 discount so its not at all any issue - my point (and question) what is your thoughts on this?
Does the ship fall under Marine law or is it Highway?
Duty of care is owed by BC Ferries - we know that.