Driving related decisions by the courts.
This is the first reported case that I have seen involving the new Immediate Roadside Prohibition (IRP) provisions of the Motor Vehicle Act. In this case Glenn Giesbrecht requests that the prohibition and fine imposed upon him by the IRP be set aside by the court after an unsuccessful review by an adjudicator with the Office of the Superintendent of Motor Vehicles.
This case decides liability after a collision between a cyclist and a large commercial truck. Christina MacEachern was riding or walking beside a bicycle along the King George Highway in Surrey, B.C. She was opposing traffic on the shoulder of the roadway which was narrow due to vehicles parked next to it.
This case decides the liability for a collision where a motorcycle overtaking two vehicles is struck when the second vehicle pulled out to pass the first. All three had been following together at a speed under the limit. At the first available opportunity the motorcycle passed, not seeing a signal from the vehicle in front.
The case of Knight v Li examines a collision at the intersection of 41 Avenue and Angus Drive in Vancouver, B.C. Mr. Knight, with a BAC of 168 mg%, was traveling southbound on Angus Drive. Mr. Li was traveling eastbound on 41 Avenue in the curb lane.
The case of Stevanovic v Petrovic involves playing chicken by a driver who was certainly old enough to know better. Mr. Petrovic decided to do this with his friend Mr. Stevanovic who was standing in the street waiting to be picked up. The resulting collision caused a serious leg injury.
In this case, Ms. Kelly was attempting a left turn at an intersection on a multiple lane highway. Mr. Yuen was oncoming and had briefly stopped in the lane two away from the curb, the curb lane being a restricted lane for bus and cycle use only at the time.
The case of Schurmann v Hoch arises from a collision that occurred at dusk in rainy weather. Mr. Schurmann was attempting to turn out of a parking lot onto the highway when he was struck by the vehicle Mr. Hoch (a GLP driver) was operating. Mr. Hoch had failed to turn on his headlights.
This is a case to decide liability for an injury that resulted when a child fell or jumped from the back of a pickup truck while it was being driven by a driver who was not his parent. The justice examines a driver's duty of care to his passengers. In all cases there is a duty of care required of the passenger to wear a seatbelt.
This case involves a serious collision at the intersection of the Trans Canada Highway and Bench Road in North Cowichan. A southbound car turning left at the intersection and a northbound motorcycle proceeding at high speed facing a yellow traffic light meet in the middle.
This case determines liability following a collision that took place between vehicles driven by Claudio Nonis and Stefano Granata at the intersection of Hastings Street and Madison Avenue in Vancouver, B.C.