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READING - Fight ICBC Fault Finding

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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.

How to Use a Crosswalk

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Walk SignalOne of the major television stations from Vancouver broadcast a news story this past week about pedestrians as a follow up piece for a report on a family that was struck down in a newly marked crosswalk. The footage showed a pedestrian standing on a sidewalk facing the street as traffic drove by without slowing or stopping. In fact, it appeared to my eye that the speed of the video had been increased slightly so that the cars appeared to zoom by. The commentary by the news reader lamented that the drivers just weren't stopping as they were supposed to. The trouble was, at least according to the law, he was not correct and this could reinforce improper expectations between drivers and pedestrians.

NEWS - Moving to Vision Zero

BC LogoOur provincial government has announced an update of the Road Safety Strategy 2015 to adopt a Vision Zero approach to road safety using a Safe Systems model. This means "that road safety developments must account for the inevitability of human error, limitations of the human body in withstanding force, and the responsibility of road and vehicle designers, policy makers and road users for road safety." The report acknowledges that the top three human contribution factors to road deaths and serious injury are speeding, impaired driving and distracted driving.

It Won't Happen to Me

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Have you ever met anyone who would admit to being less than a better than average driver? Those of us who are completely honest may say so but our behaviour behind the wheel could indicate differently. It's called optimism bias and it is something that we are all affected by. We are all optimistic about our personal capabilities and that includes our driving skills.

VIDEO - Winter Driving Awareness

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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.

What We Think We Know

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BrainI find the interaction that I have with others on the subject of driving and traffic laws very interesting. Some people illustrate their points with incorrect information, some find that even after years of driving they don't have basic knowledge and I am always learning something new for myself. It's definitely beneficial to me and I hope that I am helping others by writing these articles.

REPORT - Drinking and Driving in Canada 2015

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TIRF New LogoFrom the document introduction: "This fact sheet summarizes findings about drinking and driving in Canada from the Road Safety Monitor (RSM), 2015, a national public opinion poll on road safety issues. The survey takes the pulse of the nation on key road safety issues by means of an on- line survey of a random, representative sample of Canadian drivers."

Nothing But a Tax Grab

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Ticket Writer"This is nothing but a tax grab!" These words were often spoken by drivers during or just after signing to acknowledge the receipt of a violation ticket. I can understand being the target of an expression of frustration in these circumstances, but I wish that the expressing had a little thought behind it rather than just parroting something inappropriate to the circumstances.

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.

Where to Stop for a Stop Sign

Stop SignWould you believe me if I told you that the positioning of a stop sign at an intersection has nothing to do with where you must stop? Yes, the sign tells you that you must stop, but the markings on the roadway, or lack of them, tell you where the stop has to take place. There are four possibilities for a driver to consider.

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