Conflict Over Right of Way

conflictRight of way is given, not taken. Please read that again and think about what it means when applied to driving, cycling and walking. A sense of entitlement is not what you should have when you use our highways, regardless of your travel mode.

CASE LAW - R v Harry

BC Courts Coat of ArmsWe often see serious collisions reported in the news where the offending driver was only issued a traffic ticket for the violation that caused it. Public sentiment often conveys the wish that the driver should have been charged criminally for what they have done. One yardstick for considering a criminal charge instead of a traffic ticket is whether the offending driver showed "a marked departure from the standard of care which a reasonable person would have exercised in the same circumstances."

HERGOTT LAW - It's Not Always the Big Guy You Have to Fight

Hergott Law logo In this article Paul describes a David vs Goliath case where Frank Kristen disagreed with the ICBC claims adjuster finding him 100% at fault for a collision. Mr. Kristen proceeded to a Claims Assessment Review where the adjudicator agreed with the claims adjuster. The final step was to have the issue heard before the court and the case against ICBC was commenced.

Thoughts From the ICBC Rate Fairness Report

ICBC LogoI was curious about the outcome of ICBC's rate fairness survey so I checked the box to be notified when the report became available. The notification arrived in my inbox this week and I've made a quick scan of the document. The diverse opinions on who should be held accountable for what and how rates should be set is interesting.

Q&A - Modifying a Vehicle Exterior

Q&A ImageQ: I have a question about legality around modifying the exterior of my car. I have seen many modified (often lowered suspension as well) cars with front lip spoilers/splitters and I was wondering around the legality of them for a street car. Do you know if they are they legal to have or would they affect insurance in any way to have one if I were to be in a front end collision, either with another car or pedestrian?

BILL 17 - New Motor Vehicle Act Drugged Driving Provisions

Bill 17, the Motor Vehicle Amendment Act (MVA) 2018 has passed third reading in the legislature. The bill amends the MVA to include provisions for the use of drug screening instruments and the imposition of prohibitions based on the result of using them to test a driver. In addition, a driver may be subject to licence conditions prohibiting the operation of a motor vehicle when the driver has a prescribed drug in their body,

It's Motorcycle Season Again

motorcycleBraap, braaaap, braaaaaaaaaap, chug, chug, chug, chug. Yes, it's motorcycle season again. Time for all of us "cagers" to start complaining about the noise and riders to complain about nearly being driven over by drivers who failed to see them.

Q&A - Child Restraint in Motorcycle Sidecars

Q&A ImageQ: I have a hypothetical law question for you. Not saying in ANY way that this would be a good idea, only a law question.

Could a child of 5 years old (3’7", 50 lbs) ride in the sidecar of a motorcycle in a booster seat? This situation would be in the City of Surrey for reference.

CASE LAW - R v Bainbridge

BC Courts Coat of ArmsJudicial Justice Burgess examines the definition of "use" as it applies to the use of electronic devices while driving.

The Trailer Pre-Trip Check

Ubilt Utility TrailerThere's nothing like a beautiful spring day to bring out the trailer that has sat unused since last fall. A lot can happen to a trailer while it sits idle waiting to be useful again. Lighting connections corrode, tires lose pressure, reflectors are broken, brakes need service along with many other possibilities for wear and malfunction.

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