Collisions

Information regarding collisions.

CASE LAW - Dhaliwal v Randhawa

BC Courts Coat of ArmsGurpreet Dhaliwal and Herman Randhawa were driving southbound on 152nd Street approaching 76 Avenue in Surrey, British Columbia. Mr. Randawa attempted to change lanes and, in doing so, struck the driver’s side of Mr. Dhaliwal’s car with the passenger side of his vehicle. At trial, he said that he had shoulder checked, noted the Dhaliwal vehicle behind him and felt that it was safe to change lanes. Mr. Dhaliwal must have accelerated to get though the intersection before the light changed and contributed to the collision.

CASE LAW - Bayfield v British Columbia (Ministry of Transportation)

BC Courts Coat of ArmsChristine Bayfield was driving her van southbound on the Inland Island Highway in rainy and wet road conditions. She overtook a logging truck to avoid being sprayed by the water it picked up off the pavement. As she passed, she lost control, began to rotate and left the pavement, rolling over in the median. She was traveling at about the posted speed limit of 110 km/h. Aside from speed, a contributing factor to the incident was insufficient tire tread. Mr. Justice Affleck found her to be partially at fault because she was driving too fast for the highway conditions at the time.

HERGOTT LAW - It's Yours, Not The Ice's Fault

Hergott Law logoPaul examines the case of Tran v Edbrooke where the law governing slippery roads is the subject in deciding liability for a collision. A driver is required to slow down enough that they won't slide if the roads are slippery and if slowing down won't be enough to prevent sliding, then the driver must choose another way to reach their destination.

Parking Lots are Hazardous Places

Backing UpI had a bit of a scare the other day when I tried to back out of a space in a busy parking lot. There was a large van beside me blocking my view so I scanned as completely as I could and began to let up on the clutch. No sooner had I started to roll than a woman paying more attention to her smart phone than where she was walking appeared from behind the van. We both slammed on the brakes and after looking at each other for a moment, she continued on her way.

HERGOTT LAW - Rear Ender Collision: Whose Fault?

Hergott Law logoPaul examines the case of Bingul v Youngson. It involves a rear end collision at a Vancouver intersection where Murat Bingul was found to have pulled in front of a heavy commercial vehicle and stopped for a traffic light. The driver of the commercial vehicle, Spencer Youngson, was unable to stop due to the suddenly reduced distance to the intersection and collided with the Bingul vehicle.

How do I Deal with the Legal System After a Fatal Collision?

Scales of JusticeHow do I deal with the legal system after my son was killed by a driver who fell asleep at the wheel? This was the plea in my in-box from a mother who was trying to understand in the recent aftermath of a catastrophe. The two haunting concerns that she has right now is that this driver is still legally allowed to drive and the most significant consequence that he might face for causing death is a traffic ticket.

CASE LAW - Purewal v Li

BC Courts Coat of ArmsThis is the story of a left turning driver collision at the intersection of Columbia Street and Marine Drive in Vancouver, B.C. Qiang Li was traveling eastbound on Marine Drive attempting to turn left onto Columbia Street. He collided with a car driven by Jasvir Purewal traveling westbound on Marine Drive in the curb lane. Mr Li's vision was limited by other vehicles waiting in the intersection and he relied on a hand gesture given by Vita Sinclair who indicated to him that the curb lane used by Mr. Purewal was clear.

CASE LAW - Mullens v Toor

BC Courts Coat of ArmsAnna Mullens was driving eastbound in the left lane of 64th Avenue in Surrey, B.C. As she neared 132 Street her vehicle was struck on the right side by a vehicle driven by Darshan Toor when he exited the Fruiticana parking lot. Mr. Toor explained that he was invited to exit the parking lot by the driver of a van that had stopped in the curb lane.

A Different Kind of Brake Check

Keep Right Let Others PassThis is another instance of where most drivers would shake their heads and ask themselves “Just what were they thinking?” I’m speaking of a video of two drivers on a freeway using the left lane during an instance of congestion. The pickup noses up the the rear end of the car and the car driver spikes the brakes resulting in a minor collision. I’ll venture to suggest that in this case, neither driver was thinking at all.

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.

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