When we use the same road on a daily basis we soon learn how fast we can drive to maximize our speed based on the path that we travel. Sometimes the speed we choose becomes an unsafe speed when we fail to take into account that what is physically possible could be unsafe due to road conditions. This case determines liability for a crash that happened under these circumstances.
Circumstances of the Crash
The crash occurred on Quarry Road in Coquitlam, about 700 metres northeast of the Minnekhada Trail parking lot. The road has a gravel surface and the posted speed is 50 km/h.
Todd McQuillan stopped the Chevrolet Aveo he was driving on the shoulder just past the crest of a hill in order to photograph a bear that had crossed the road in front of him. It was possible that the width of the shoulder prevented him from parking completely on the shoulder.
Robert Dean, driving a Dodge Calibre, overtook the parked vehicle and collided with it instead of passing by to the left.
Findings by the Court
Justice Gray found that Mr. McQuillan had pulled over to the right and stopped substantially onto the shoulder. He was 15 to 25 metres beyond the crest of the hill.
Based on this distance, accepted perception reaction time and a posted speed of 50 km/h she decided that Mr. Dean was travelling at an unsafe speed. His choice of speed was inappropriate for the visibility obstruction presented by the hill crest.
Driving at an Unsafe Speed
Mr. Dean was found to be entirely responsible for the collision as he was driving at an unsafe speed that was both over the posted limit and inappropriate for the visibility obstruction presented by the hill.
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