CASE LAW - Marcena v Thomson

BC Courts Coat of ArmsAriston Marcena and his wife decided to cross Yates Street just east of Cook Street in Victoria. When two vehicles in the lane closest to them stopped for his wife, Mr. Marcena urged her to cross the two lanes (not in a crosswalk) at a jog as he assumed that traffic was going to wait. Barry Thomson was riding his motorcycle in the next lane over and did not stop. He struck and injured both Marcenas.

HERGOTT LAW - Brain on the Road

Hergott Law logo In this article Paul discusses inattention blindness. "A phenomenon that occurs when the brain is engaged in something else besides driving and your brain fails to process some of the available visual information." The conclusion is that our focus must shift from “hands on the steering wheel” and “eyes on the road” to “brain on the road”.

Speed from Skidmarks

image of skidmarks behind a carSkidmarks left on the pavement at a collision scene tell the investigator many things about the events involved in a motor vehicle collision. One common example involves using the length of the mark to calculate pre-collision speed.

Glaring Fog Lamps

glaring fog lampsOne of the most common complaints I hear that is not about a moving violation concerns the use or misuse of lights on vehicles. Here is one of them: "What is really starting to annoy myself and many others is people driving with their fog lights on during clear nights or even during the day. Is this not an infraction? These lamps are often unreasonably bright."

CASE LAW - Naidu v Zhong

BC Courts Coat of ArmsThis case involves a head on collision between two vehicles driven by Wasanthi Naidu and Xu Xia Zhong on Blundell Road between #6 and Sidaway Roads in Richmond. Both drivers claim that the other was on the wrong side of the road at the time of the crash.

HERGOTT LAW - Hit & Run Duties

Hergott Law logoIf you are the victim of a hit & run collision, one of your duties is to make reasonable efforts to identify the driver that hit you. Failing to do this may allow ICBC to refuse your claim. Paul examines Mr. Ghuman's actions after the crash and ICBC's position on what he should have done in the context of the Supreme Court decision.