Q&A - I Was Hit by a Car Today

Q&A ImageI was hit by a car today in Ladysmith BC. I was walking my dog on the sidewalk a car drove out of the drive thru , did not look and hit me hard enough to knock me a few feet to the ground. I call the rcmp. No charges for the driver. I seemed to be at fault. Please explain

Comments

Answer

Based on the information supplied, I can certainly see where the driver has committed an offence. In fact, without much effort I can come up with three offences:

Emerging from alleys

176  (1) The driver of a vehicle in a business or residence district and emerging from an alley, driveway, building or private road must stop the vehicle immediately before driving onto the sidewalk or the sidewalk area extending across an alleyway or private driveway, and must yield the right of way to a pedestrian on the sidewalk or sidewalk area.

Duty of driver

181  Despite sections 178, 179 and 180, a driver of a vehicle must

(a) exercise due care to avoid colliding with a pedestrian who is on the highway,

Careless driving prohibited

144  (1) A person must not drive a motor vehicle on a highway

(b) without reasonable consideration for other persons using the highway
 

The sidewalk or sidewalk area is part of the highway.

If you have not already, call ICBC and report the collision. They are going to ask for either the licence plate number of the vehicle or the police file number when you call. Dial-a-claim is open 24/7 as are the police to get the file number if you don't have it. You will probably get the run around if you call the police to ask other than to call the Ladysmith detachment during regular business hours but anyone that answers the non-emergency line at any time can find it for you.

If you have damaged possessions, scrapes, scratches or bruises document them with photographs now.

If there is any possibility of identifying witnesses, make strong efforts to do that now.

Consider going back to the scene during daylight tomorrow and documenting it with photographs.

There is a one year limitation of action on Motor Vehicle Act offences, so if the evidence exists to support a charge, the police can still go back and issue the driver a ticket. If you would like to pursue the issue, contact the Ladysmith detachment and make an appointment to go in and discuss the issue with the Detachment Commander. Express your concern and outline your expectations. Listen carefully to the response and make notes if necessary. If you are not satisified here, there are other avenues to escalate your concerns.

Thank You

Thank you for your useful information regarding my incident. I have a small lump on the head and a sore arm.

I doubt there has been any sort of report done by the rcmp as no charges were laid. 

I have complained about the driving in Ladysmith and crosswalks to the rcmp numerous times.  I have been told 'it is up to me not to be hit'.  'To be careful' . One day someone is going to get killed here . The rcmp dose not care drivers do not care or know the rules of the road. I wonder how this will change?

one further point in the rcmp favor.  I was not to receptive to them .

Response

Thanks for being honest. Yes, that may have played a part in decisions that were made at the scene. If I thought that the complainant (you) would not attend court I would not write the ticket unless I also witnessed the incident. No complainant, no conviction.

There should be a police report, regardless of whether charges have been laid or not. The policing world today runs on paperwork and very little is not recorded.

Yes, it is up to you to exercise caution so that you are not hit, that just stands to reason. It is also the other guy's responsibility to not run into you and when they fail, they need to be accountable. Traffic tickets, insurance claims with accompanying loss of discount or even just a true apology if that is what you want are accepted methods.

I write about both sides of your observation regarding who cares and who doesn't. Unfortunately I'll probably never run out of material either!

Make sure that you report to ICBC now. If you fail to do so within 2 weeks and things go bad later ICBC can choose to deny the claim.

Injury Sustained

I was at the hospital last night. I have a TBI a good concussion. No driving for at least two weeks. Be going to rcmp and icbc today. I will take your recommendations as gospel.

Hit by a car

Today I was informed by the rcmp that no charges will be filed against the driver. The reason no witness and the driver and his passenger state I "stumbled" into his car.
I fully know what stumble meets. To trip while walking (I did not trip) to walk unsteady or clumsy (when training a dog one must walk with purpose and a even gait) to fall or move carelessly (I did not fall but I was careless because I was hit by a driver)

I did not let the ambulance personal check me. Unknown to myself at the time I sustained a rather good concussion. Hence my confusion , inability to understand what was going on and my lack of cooperation. I had a sideways gait ,vomiting ,unable to properly see and slurring my words. This was told to me by my landlady who happened to drive by some ten mins after the incident. These in them selfs are classic symptoms of a tbi or concussion. I have little recall of the ambulance or the rcmp at the scene. I do remember being hit by the car. I remember getting up but after that things fade quickly in my memory.
I ended up at the nrgh at 02:00 hrs on the 18th due to headaches and vomiting. There is was told of my condition.
The police let me load my dog in my truck and drive away. My truck was around 150 yards from the scene.
At my land lady's request I went to the Ladysmith hospital. I could not understand a word that was said to me , so I left. I drove away .I have no idea as to what happened until I went to nrgh er. The nrgh would not allow me to drive home.
So I am at fault because I "stumbled" into the car it did not hit me. Drivers statement. That is a good stumble to be knocked a few feet and be under the front bumper of the car.
The police and the Ladysmith hospital let me drive away with a fresh concussion. Placing every person on the road at a great risk.. Fortunate that nothing happened

Curious...

The police and the Ladysmith hospital let me drive away with a fresh concussion.

Was there something about your condition that prevented you from making the decision not to drive?

Hit by a car

No not really except I do not remember driving . The cop told me