Collisions

Information regarding collisions.

Q&A - Accident or ??

Q&A ImageAm I the only one who has been intrigued by the Law Firms who post advertisements seeking witnesses to "accidents"?

It would seem that, by that terminology, they have just weakened their client's case by admitting that it was "accidental".  Should that determination not be made by the Court?

CASE LAW - Hamman v ICBC

BC Courts Coat of ArmsDo you have $212,000.00 in spare disposable income? Ryan Hamman rear ended a vehicle that was stopped on Highway 1 near 176 Street in Surrey, B.C. That vehicle was driven forward into the vehicle in front of it and the driver of the first vehicle was injured. ICBC denied coverage because Mr. Hamman was impaired by alcohol at the time of the collision. Litigation ensued with the final outcome being damages against Mr. Hamman and in favour of ICBC amounting to $212,000.00.

COMMENT - Collisions That Kill Wild Animals

Deer Crossing SignI drive the Inland Island Highway every morning & evening, as I am commuting between Buckley Bay and Parksville.

CASE LAW - Trytko v Kafafi

BC Courts Coat of ArmsThis case involves the determination of liability for a two vehicle collision in a traffic circle (referred to as a roundabout in the decision) at the intersection of Jervis Street and Nelson Street in Vancouver. Carrie Trytko was driving northbound on Jervis Street and entered the traffic circle after yielding to traffic approaching from her left. Once in the circle she observed Merdahd Kafafi approaching from her right. The court found that Mr. Kafafi failed to slow as he entered the circle and the two vehicles collided.

CASE LAW - Suran v Auluck

BC Courts Coat of ArmsThis case begins with a street race that took place on August 4, 2008 in Delta. The race ended with one passenger dead and one driver injured. Madam Justice Burke decided liability for the crash on March 24, 2017. She found the driver of the second car involved in the street race 10% liable even though he was not part of the collision and was in police custody when it occurred. What remains to be decided is the amount of damages that the parties are entitled to or will have to pay.

CASE LAW - R v C.J.S.

BC Courts Coat of ArmsC.J.S. is a young person who held a class 8 motorcycle learner's licence. He was participating in a group ride from Campbell River to Gold River on Highway 28. He was seriously injured in a collision near the intersection of McIvor Lake Road when a Prius that he had been following signalled right and turned left. This case is interesting because Justice H.W. Gordon dicusses the defence of necessity and accepts it to acquit C.J.S. on a charge failing to keep to the right of a double solid line contrary to section 155(1)(a) MVA.

HERGOTT LAW - Mom's Impaired Driving Teaches Us a Lesson

Hergott Law logoPaul examines an impaired driving crash in Vernon that occurred in October 2014 and recently concluded in court. Lori Vance is a mother of 4 with an unblemished driving record and was known for making sure that others did not drive while impaired. She made the choice to drive after drinking at a bar one night, running a red light, killing Erin Smith and seriously injuring Lindsey Hauck. Ms. Vance was sentenced to 3 years in jail for causing the death and 1 year concurrent for causing the injury.

CASE LAW - R v Ward

BC Courts Coat of ArmsThis is the story about a fatal collision between an SUV and a motorcycle at the intersection of the Shawnigan Lake Road and the Trans-Canada Highway near the village of Shawnigan Lake on July 7, 2014. Shannon Ward was traveling eastbound on Shawnigan Lake Road and had stopped for the stop sign at the intersection with the Trans-Canada Highway. She waited for a break in traffic and began to turn left and proceed northbound. She failed to see a southbound motorcycle driven by Gerald Loiselle and a collision resulted. Mr. Loiselle died at the scene.

Q&A - Do Car Rental Agencies Have to Report Collisions?

Q&A ImageAre rental car companies in BC required to report any damage to their vehicles even if they repair the car themselves?

I purchased a used rental car from a Vancouver company that stated no accidents & same on CARFAX but it definitely appears to have had repairs done to the front end.

HERGOTT LAW - Hit & Run Crash Coverage

Hergott Law logoIf you are the victim of a hit and run collision there are certain steps that you must take in order to fulfill your obligations to ICBC. Reporting the collision to them and the police is not enough. Paul discusses what you must to in addition to this to make sure that you receive the coverage that you paid for.

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