What am I Entitled to Expect as a Driver?

Stressed Out DriverThe headline read “Malahat crash sees angry motorists verbally abuse first responders.”

One person died in a T-bone collision on Highway 1 north of Victoria requiring a highway closure from the Summit to the Bamberton exit while emergency responders provided life saving assistance, investigation and cleanup. Closures such as this one are done with the permission of the Ministry of Transportation and Infrastructure.

This closure lasted from about 4:45 to 9:30 p.m. and since there was no alternate route around the scene, drivers were forced to wait until the closure was lifted.

CASE LAW - Bayfield v British Columbia (Ministry of Transportation)

BC Courts Coat of ArmsChristine Bayfield was driving her van southbound on the Inland Island Highway in rainy and wet road conditions. She overtook a logging truck to avoid being sprayed by the water it picked up off the pavement. As she passed, she lost control, began to rotate and left the pavement, rolling over in the median. She was traveling at about the posted speed limit of 110 km/h. Aside from speed, a contributing factor to the incident was insufficient tire tread. Mr. Justice Affleck found her to be partially at fault because she was driving too fast for the highway conditions at the time.

HERGOTT LAW - It's Yours, Not The Ice's Fault

Hergott Law logoPaul examines the case of Tran v Edbrooke where the law governing slippery roads is the subject in deciding liability for a collision. A driver is required to slow down enough that they won't slide if the roads are slippery and if slowing down won't be enough to prevent sliding, then the driver must choose another way to reach their destination.

Parking Lots are Hazardous Places

Backing UpI had a bit of a scare the other day when I tried to back out of a space in a busy parking lot. There was a large van beside me blocking my view so I scanned as completely as I could and began to let up on the clutch. No sooner had I started to roll than a woman paying more attention to her smart phone than where she was walking appeared from behind the van. We both slammed on the brakes and after looking at each other for a moment, she continued on her way.

HERGOTT LAW - Rear Ender Collision: Whose Fault?

Hergott Law logoPaul examines the case of Bingul v Youngson. It involves a rear end collision at a Vancouver intersection where Murat Bingul was found to have pulled in front of a heavy commercial vehicle and stopped for a traffic light. The driver of the commercial vehicle, Spencer Youngson, was unable to stop due to the suddenly reduced distance to the intersection and collided with the Bingul vehicle.

VIDEO - Snowplow Safety

video iconFrom the video description: If you are travelling BC highways during the winter months please be prepared and be aware - drive to conditions and take your time to get where you’re going. Our maintenance contractors are out there clearing our highways and provincial roads to make it safer for those driving on them and so we are asking anyone who is on the road with a snow plow to please steer clear and let them clear the road. It is never safe to pass a snow plow on the right or weave between plows when they are clearing the road.

Making Way for Emergency Vehicles

Fire TruckA reader was travelling in a major municipality recently and was stopped in a large collection of vehicles waiting for a red light at the intersection of two multiple lane highways. Emergency vehicles using lights and sirens approached from the rear and tried to get through the traffic and the intersection. There was significant difficulty and the reader was curious how far forward vehicles could move into the cross flow of traffic to assist in clearing a path.

Could YOU Pass a Driving Knowledge Test?

Question MarkOne of our local newspapers has a Beefs and Bouquets section that I often find entertaining. Many of the beefs concern drivers who don’t follow the rules but occasionally I scratch my head and wonder if the “beefer” might not need a bit of brushing up too.

What have you done in the recent past to learn something new or review what you already know about driving?

How do I Deal with the Legal System After a Fatal Collision?

Scales of JusticeHow do I deal with the legal system after my son was killed by a driver who fell asleep at the wheel? This was the plea in my in-box from a mother who was trying to understand in the recent aftermath of a catastrophe. The two haunting concerns that she has right now is that this driver is still legally allowed to drive and the most significant consequence that he might face for causing death is a traffic ticket.

REPORT - The Hidden Traffic Safety Solution: Public Transportation

Transit BusWho would have thought that among the most cost effective ways to improve road safety was to invest in public transit? Public transit can be 10 times safer to use than driving your own vehicle, so a modest increase in transit ridership can have disproportionally larger road safety benefits. A report by the American Public Transportation Association titled The Hidden Traffic Safety Solution: Public Transportation explains.

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