CASE LAW - Russell v Parks

BC Courts Coat of ArmsThis is the story of Lenord Russell, who exited a bakery in a mall and walked forward into a parking stall at the same time that Kenneth Parks drove into it to park his vehicle. A collision occurred in which Mr. Russell suffered injury to his knee and foot. The case before the court was to decide who was liable for the collision and discusses first that the mall parking lot is a highway and then goes on to examine the duties that Mr. Russell and Mr. Parks had to each other as pedestrian and driver.

Q&A - Limitation of Action

Q&A ImageI was involved in a traffic accident 2 nights ago in Vancouver.  I hit another vehicle at an intersection and called the police.  I could not remember the details of the accident but I told the police that I was not sure what colour the light was and admitted responsibility that I hit the other car.  The police took down all the information, asked me to report to ICBC but did not give me a ticket and did not say th

Q&A - Loading Only the Rear Trailer on a B Train

Q&A Image A new commercial vehicle driver is pulling a B-train with the rear trailer loaded and the first trailer empty ... at least that's the way I understand it.

He is driving from Alberta to BC and claims to be getting stuck in the winter conditions. I believe this load should be illegal but can't find any regs covering it.

VIDEO - The Science Behind Low Level Speeding

video iconThis video from the Motor Accident Commission of South Australia explains clearly how the risk of a crash increases significantly with only a slight increase in speed. For me, the most interesting point is the idea that we tend to discount the risk because we disregard the speed limit frequently and nothing happens to us.

Stay Home!

Winter StormWe've had some interesting weather in southwestern British Columbia over the last few days! It's included some less than ideal driving conditions due to ice, snow and rain, often in combination. A common bit of advice heard in the media is "if you don't have to travel, stay home!

Q&A - Stop Signs and Traffic Lights, Which to Obey?

Q&A ImageThere is a pedestrian controlled crosswalk at Vivian Street crossing 49th Avenue in Vancouver. For vehicle traffic trying to cross or turn there, there is a stop sign. Do I still have to obey the stop sign if I see that a pedestrian has turn the light red (i.e. all traffic on 49th is stopped)? Can I just go straight through?

OPINION - Raising the Level of Consequences

Paul Hergott Law logoTaking away someone's privilege to drive is viewed as a drastic step in correcting driving behaviour. Currently, a fully licensed driver has to accumulate a significant number of points in a year before the Superintendent of Motor Vehicles takes steps to apply this penalty. In my experience, the traffic courts are also reluctant to take this step, saying "I'll leave that up to the Superintendent." when the officer prosecuting requests a prohibition as part of the penalty.

Q&A - Horses and Traffic

Horse Council of BC logoI was recently in a critical accident involving horses and traffic. Myself and a friend were riding our horses up Holden Corso Road in Nanaimo, BC when a driver in a blue pick up truck came up towards us travelling at least 20 kms/hour over the speed limit.