Collisions

Information regarding collisions.

Is It Safe to Open Your Door?

Open Car DoorImagine the surprise of the motorist at a collision I once investigated. He parked at the side of the road, opened his door, and a passing car tried to tear it off! It's a good thing he didn't step out while he opened the door.

What went wrong here? The motorist didn't look first, or didn't see what was overtaking him. He probably felt safe in the fact that he had stopped close to the curb and was out of harm's way.

Q&A - Electric Wheelchair Collision

motorized wheelchairMy mom was injured by a man riding in an electric wheelchair who was going too fast entering the James Bay Library. She was walking ahead of him when he ran into her. We have taken pictures of her leg injury. She is quite emotional about the incident and it has aggravated her PTSD.

CASE LAW - Marcena v Thomson

BC Courts Coat of ArmsAriston Marcena and his wife decided to cross Yates Street just east of Cook Street in Victoria. When two vehicles in the lane closest to them stopped for his wife, Mr. Marcena urged her to cross the two lanes (not in a crosswalk) at a jog as he assumed that traffic was going to wait. Barry Thomson was riding his motorcycle in the next lane over and did not stop. He struck and injured both Marcenas.

CASE LAW - Naidu v Zhong

BC Courts Coat of ArmsThis case involves a head on collision between two vehicles driven by Wasanthi Naidu and Xu Xia Zhong on Blundell Road between #6 and Sidaway Roads in Richmond. Both drivers claim that the other was on the wrong side of the road at the time of the crash.

HERGOTT LAW - Hit & Run Duties

Hergott Law logoIf you are the victim of a hit & run collision, one of your duties is to make reasonable efforts to identify the driver that hit you. Failing to do this may allow ICBC to refuse your claim. Paul examines Mr. Ghuman's actions after the crash and ICBC's position on what he should have done in the context of the Supreme Court decision.

CASE LAW - Behragam v. Paviglianiti

BC Courts Coat of ArmsThis case involves a cyclist, Javad Behragam, and a pickup truck driver, Peter Paviglianiti. The two collided in the traffic circle on West 10th Avenue and Birch Street in Vancouver.

CASE LAW - Uy v Dhillon

BC Courts Coat of ArmsThis case resolves liability for a collision between a car driven by Johnberlyn Uy and a tractor-trailer combination driven by Daljit Singh Dhillon on the Coquihalla Highway just west of the Zopkios brake check. The collision occurred in the early morning hours of January 31, 2014 following a winter storm. At that time the road conditions were relatively good, consisting of a light coat of a mixture of compact snow and sand.

INVESTIGATION - Motorized Wheelchair Collision

motorized wheelchairIn the early evening of May 26, 2018 a person in a motorized wheelchair tried to cross the railroad tracks at Broadway Street in Chilliwack. During the crossing the rear caster wheels of the wheelchair dropped down into the flangeway (slot alongside the inside of the rail that allows the wheel flanges to pass the pavement), trapping the chair.

Think Ahead

Emergency Scene Ahead SignThe rain is pounding down outside this morning as I sit looking out my livingroom window with tablet and coffee in hand. I'm warm and dry enjoying the idea that being retired means I am no longer on the highway investigating collisions in this weather. Of course, Murphy was listening...

HERGOTT LAW - Duty to Animals on the Road

Deer Crossing SignPutting human life at risk to save an animal on the road is negligent. Paul Hergott discusses two cases where drivers attempted to do this and serious collisions were the result. There are also links to the case law involved in these stories.

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