Driving related decisions by the courts.
This case is an appeal of a traffic court conviction where the officer who issued the ticket used a visual observation of vehicle speed to base the ticket on. The estimation was 90 km/h in the posted 60 km/h zone on the Lougheed Highway near the North Road intersection.
This case arises from a car vs bicycle collision on 116 Street in North Delta at the onset of night. Manjit Dhaliwal and a friend were cycling northbound on 116 Street between 94 and 96 Avenues. Neither bicycle was equipped with a light. Sonia Kakkar was backing out of her driveway, did not see the cyclists and collided with Ms. Dhaliwal.
Terrence Wojtkiw was issued a violation ticket for three Motor Vehicle Act offences while riding a TAG 500 electric scooter equipped with pedals. He had modified this motor assisted cycle (MAC) so that it no longer qualified for exemptions under the Motor Vehicle Act. He disputed the ticket.
Joseph Munden and Ephrahim Barnett used to be neighbours, did not care for each other and were not on good terms. This case results from Mr. Munden using his vehicle as a weapon and intentionally colliding with Mr. Barnett who was riding his bicycle.
Novice drivers licensed in BC are prohibited from using any type of electronic device while driving. This includes the use of GPS navigation and any type of hands free unit as well as devices that fully licensed drivers are allowed to use.
The case of Tataryn v Browne involves a single vehicle rollover crash on Long Lake Road near Kamloops. Farm workers riding in the box of the pickup truck at the time of the crash were injured. Debra Browne found that the owner's responsibility for their vehicle meant that she was vicariously liable for damages.
The case of Vujevic v Parnell involves the determination of liability for a u turn crash that happened near the intersection of the Mount Seymour Parkway and Fairway Drive in North Vancouver. At this location the Mound Seymour Parkway is a three lane road in a residential area.
The case of Legere v Harvey involves liability for two crashes on Highway 97 at Gallagher Lake north of Oliver. The first crash was between a southbound Mazda 3 driven by Gail Harvey and a deer. The second crash occurred immediately after between Ms. Harvey's Mazda 3 and a northbound Dodge Ram driven by Ryan Legere.
My highway patrol unit was issued its first laser speed measuring device back in the early 1990s. It was a popular tool to use because of both it's accuracy in targeting a specific vehicle and the measurement of that vehicle's speed. Case law regarding the use of the instrument developed over time in court the same way that it did with radar when that was introduced.
I am occasionally asked why construction speed zone is in effect when there is no work being carried out at the time. The standard response from government is that hazardous situations may exist and the reduced speed is necessary to be safe. Examples given are parked equipment, uneven pavement at the edges of lanes and no shoulder.