Collisions

Information regarding collisions.

CASE LAW - Matharu v Gill

BC Courts Coat of ArmsWhen you turn right after stopping at an intersection, you are required to turn from a position close to the curb to a position close to the curb. Failing to do so properly could result in a side swipe collision if a vehicle is passing by in the left lane of the cross street. In the case of Matharu v Gill, Hardeep Matharu was travelling to work westbound on Nordell Way using the left hand lane. Balwant Gill had stopped at the sign on 88 Street and then turned right, after which the two vehicles collided. Each blamed the other for the collision, but Mr. Justice Butler found that Gill had turned wide and collided with Matharu.

CASE LAW - R v Couldwell

BC Courts Coat of ArmsErin Couldwell was operating his bicycle at the exit of a parking lot onto a lane near the Victoria Police Department headquarters just before 7:00 am on September 25, 2014. His bicycle had neither lights nor reflectors. Constable Horonowitsch had just commenced his dayshift and was approaching the parking lot exit in the lane driving a marked police vehicle with it's normal vehicle lighting on. The constable's view to his right was obscured by shrubbery. Mr. Couldwell collided with the rear of the right front quarter panel of the police car.

VIDEO - Log Truck Rollover and Seatbelt Safety

video iconThis video was produced by the Trucking Advisory Group of the BC Forest Safety Council. The introduction states "Log truck driver, Adrian Sunduk, shares his story of how a seat belt saved his life. Before attending an Anatomy of a Rollover session, he had never worn a seat belt off highway because he had always planned to jump out of the truck if ever he got into a situation … See what convinced him that he was wrong and how wearing a seat belt saved his life."

VIDEO - Reducing Your Risks in the Crash

video iconYou probably never give it much thought, hop in, throw on the seatbelt and drive away. Chances are that if it's your vehicle you don't have to adjust the seat either. I wonder if you've ever read your owner's manual on properly adjusting your seat or your seatbelt? For those of you who have not or don't remember, here's a video from the IIHS to help make sure that you are effectively restrained in the event of a crash. It's the best way to minimize your chance of injury or death if you can't avoid the collision.

READING - Fight ICBC Fault Finding

Hergott Law logoA common question asked by visitors to this web site is "Am I at fault?" Usually this is asked in relation to a collision that they have been involved in and don't think that ICBC's apportioning of blame is fair to their circumstances. I cannot answer these questions well because traffic policing is all about criminal law and collision fault is all about civil law, which are two completely different areas of expertise. Paul Hergott of Hergott Law in Kelowna blogs regularly about legal issues and in Fight ICBC Fault Finding he suggests that small claims court is an appropriate venue.

VIDEO - Winter Driving Awareness

video iconThis is a video from the Montana Highway Patrol. While it's focus is on winter driving, you could remove the word "winter" from the title and still have a video that is on topic. The video was taken from the camera in a patrol car at the scene of a minor collision on an interstate highway. Watch as it quickly goes from a minor incident to a series of major collisions. It was always the stuff of nightmares for me when I worked on high speed highways because I knew that the drivers around me were not slowing down and could be well past the point of no return before they realized it.

CASE LAW - Link v ICBC Appeal

BC Courts Coat of ArmsThis is a case from the BC Court of Appeal that upholds a judgement from the Supreme Court. The incident in question occurred when Peter Link was driving his Jaguar in a snowstorm on Highway 99 between the Highway 10 and Highway 91 exits in Richmond. He was driving at a speed between 40 and 60 km/h when he was passed by an SUV that threw a large amount of snow onto his windshield as it passed by. Mr. Link was unable to see as his wipers could not clear the windshield sufficiently quickly. When he braked he lost control of his vehicle and collided with the median barrier.

CASE LAW - R v Jacobson

BC Courts Coat of ArmsThe police must follow the provisions of the Emergency Vehicle Driving Regulation when they intend to employ the exemption from the rules of the road set out in the Motor Vehicle Act. In this case, Constable Jacobson was driving his police vehicle on Highway 97 at Daimler Drive in West Kelowna approaching a red light. Hoping to save a few minutes arriving at a complaint he activated the police vehicles's emergency lights and siren about 4 - 5 vehicle lengths’ back from the beginning of the left turn lane on Highway 97 going south. He attempted to make a left hand turn in the intersection and was struck by a northbound Jetta.

CASE LAW - Little v Einarsen

BC Courts Coat of ArmsThis is definitely an odd case! It shows the value of doing regular vehicle maintenance and keeping the receipts to account for it.

Jason Little was walking across the parking lot of a pub in Nanaimo when he was hit from behind by an unoccupied vehicle owned by Lisa Einarsen. Ms. Einarsen had parked the car at the top of the parking lot, set the parking brake, thinks she left it locked and in first gear and went into the pub. Mr. Little sustained significant injury and at the time of the trial some 6 years later could not return to his work because of those injuries.

CASE LAW - Borgjford v Thue

BC Courts Coat of ArmsThe matter at trial is the liability for a serious collision that took place on the Coquihalla Highway in an area known as Larson Hill on August 11, 2011. A pickup truck and camper driven by Mildred Eileen Boizard was travelling southbound in the rightmost of 3 southbound lanes at a speed of between 80 and 85 km/h in the posted 110 km/h speed zone. She overtook two tractor-trailer units, one in her lane and one in the center lane. Mrs. Boizard decided to pass and carefully changed to the leftmost lane and remained at her travel speed even though the truck she was driving was capable of a faster speed in the circumstances.

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