Collisions

Information regarding collisions.

Q&A - Collision Investigation

Q&A ImageI recently passed the scene of what appears to be a serious motorcycle/car accident on the Connector between Cumberland and Courtenay. There were 3 police cars there and very professional traffic control devices and flag people. The investigation appears to be underway.

CASE LAW - Ilett v Buckley

BC Courts Coat of ArmsThis case examines a collision between a cyclist, Kyle Ilett, and a driver, Leah Buckley, at the intersection of Admirals Road and Seenupin Road in Esquimalt, B.C. Mr. Ilett was riding northbound on the shoulder of Admirals Road nearing Seenupin Road. The shoulder was marked by a single solid white line on both sides of the road. Ms. Buckley was driving her car southbound and turned left onto Seenupin Road when an oncoming driver in slow traffic stopped to allow her to make the turn. Mr. Ilett proceeded through the intersection and collided with the passenger side of Ms. Buckley's car.

CASE LAW - Olson v Farran

BC Courts Coat of ArmsShortly before 8:40 a.m. on February 17, 2011 Kristin Olson was walking along Jervis Street at Nelson Street in Vancouver, B.C. She was walking in the direction of Davie Street and stopped to watch for traffic before crossing Nelson. She observed a car driven by Ashraf Farran approaching in the distance across the traffic circle.

Q&A - Collision Statistics - Which Ones to Track?

Q&A ImageI noticed that Transport Canada reports serious injuries and the trend, as with fatal injuries, is down ward for the past 2 decades This is good news, if the numbers are accurate.

Traffic fatalities in BC had been trending down ward to 2013, but the number of casualty injuries has been increasing.

The number of casualty injuries in BC is many time higher than the serious injuries reported for all of Canada.

Q&A - Will a Collision Affect My "N"?

New Driver Signs 2011I got into a car accident by rear ending someone but the damage was basically a minor "fender bender", just minor damage to their license plate and mine. I just fell  asleep for one or two seconds while slowly moving through heavy traffic after a long day at school. I was also driving with my N license and my question is, would  anything happen to my license after this incident?

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.

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