The case of Burroughs v Chiasson involves a collision between a fully marked police vehicle being operated code 3 and a family mini van in the intersection of First Avenue and Young Road in Chilliwack.
Pre-Collision Events
Melissa Burroughs, an RCMP officer, was driving a marked police car westbound on First Avenue in the curb lane at Young Road. She observed a truck pulling an uninsured trailer southbound on Young Road. She attempted to pursue it by making a left turn onto Young from the curb lane due to traffic in the other lanes.
The Collision
Jennifer Chiasson was driving eastbound on First Avenue passing by the eastbound bus which was stopped prepared to turn left. The police vehicle struck her minivan after it had turned from First Avenue.
Code 3 Operation of Police Vehicles
There was some discussion about the use of the police vehicle's siren prior to the collision. One witness did not hear it at all, the bus driver thought that she heard it and both Ms. Chiasson and Ms. Burroughs said it was in use.
Mr. Justice Basran examined the law allowing the officer to disregard the traffic rules and found that in these circumstances the officer should not have attempted to turn left at the intersection and did not take the necessary steps to ensure that it was safe to proceed.
[48] After deciding to pursue the trailer, Ms. Burroughs should have followed her training and cleared the lanes one at a time by ensuring that she could see, and be seen, by all vehicles in, and approaching, the intersection. She knew that the bus created a blind spot and obstructed her view of oncoming traffic. She therefore should have addressed this by stopping and exercising considerable caution prior to crossing in front of the bus. Her poor visibility of oncoming traffic is a factor that increased the potential harm to the public: Regulations, s. 4(6)(b).
Ms. Burroughs was found to be 100% liable for the collision.
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