The case of Huettner v Lo involves an unsafe lane change made by the driver of a white Kia Rondo in front of a transit bus that was northbound on Burrard Street in the HOV-dedicated far right lane beside the Hotel Vancouver sidewalk, approaching Georgia Street. Dashcam video was enhanced to identify that vehicle's licence number.
Incident Description
The transit bus driver saw the Kia overtake and suddenly make a right turn onto Georgia Street from the middle lane. The driver yelled to alert the passengers, honked and then braked heavily to avoid a crash with the Kia.
Amanda Huettner was a passenger on the bus. The sudden braking caused her to swing backward, twisting and injuring her arm and shoulder. She began a legal action against the Kia driver, ICBC and the transit system.
Liability for the Injury
The issue in this trial is the identity of the owner of the Kia Rondo. Under section 86 of the Motor Vehicle Act, they are responsible for any loss or damage caused by its use.
Dashcam Video as Evidence
The transit bus captured video of the Kia as it overtook and made the hard turn to the right across the front of it. The video was enhanced by Dr. Amrit Toor, a collision reconstruction specialist, as the Kia's licence plate was not clearly visible.
ICBC also assisted by matching licence plate information with vehicles registered in B.C.
At issue in the trial was whether Dr. Toor was qualified to provide expert evidence on the licence plate number of the offending vehicle that the court could rely on.
Decision
Justice Crerar found that Dr. Toor was qualified to do this and the owner of the vehicle, Seung Jun Lee, was liable for Ms. Huettner's injury.
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