Collisions

Information regarding collisions.

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.

Q&A - Yellow Light Collision

Yellow Traffic LightA vehicle cannot stop safely before the intersection - as per MVA article 128

And this is where the controversy begins. I am going to try to make this concise and not bore you with too many details.

Sep 27-2015, at the Intersection of Willingdon and Moscrop.

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.

Q&A - What to do About a Dangerous Road Situation

Q&A ImageWell, I've seen this coming for months:

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.

CASE LAW - Ferguson v Kennedy

BC Courts Coat of ArmsThis case concerns a collision that occurred on a gravel mountain road near Agassiz, BC. Solomon Kennedy had been passed by a pickup truck that raised a cloud of dust as it passed. Mr. Kennedy was travelling into the sun and was unable to see ahead due to the glare in the dust cloud. Connor Ferguson was travelling in the opposite direction as the pickup passed and saw that the Kennedy vehicle was partly on his side of the road. He sounded his horn and braked to a stop but was struck by the Kennedy vehicle.

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