Collisions

Information regarding collisions.

READING - Preserve Car Crash Evidence in Five Steps

Hergott Law logoHere's great advice from Hergott Law about how to protect your interests if you are involved in a crash. According to Paul Hergott, very few of his clients ever take any steps at the scene to gather and preserve information about the crash that could be crucial later on. This is particularly important for short lived evidence which may not remain to be found after the fact and may or may not be documented by police on your behalf.

CASE LAW - Truax v Hryb

BC Courts Coat of ArmsHarvey Truax stopped his empty B train combination on the shoulder of Highway 1 near Sorrento, B.C. He allowed the 4 vehicles that had been following him to pass by before he started to make a left turn across the highway into a pullout. His left signal was in operation and he had 300 to 400 m. of highway visible behind him. Finding no overtaking traffic, he began to move from the shoulder into the pullout across the highway.

Q&A - Accident or ??

Q&A ImageAm I the only one who has been intrigued by the Law Firms who post advertisements seeking witnesses to "accidents"?

It would seem that, by that terminology, they have just weakened their client's case by admitting that it was "accidental".  Should that determination not be made by the Court?

CASE LAW - Hamman v ICBC

BC Courts Coat of ArmsDo you have $212,000.00 in spare disposable income? Ryan Hamman rear ended a vehicle that was stopped on Highway 1 near 176 Street in Surrey, B.C. That vehicle was driven forward into the vehicle in front of it and the driver of the first vehicle was injured. ICBC denied coverage because Mr. Hamman was impaired by alcohol at the time of the collision. Litigation ensued with the final outcome being damages against Mr. Hamman and in favour of ICBC amounting to $212,000.00.

CASE LAW - Trytko v Kafafi

BC Courts Coat of ArmsThis case involves the determination of liability for a two vehicle collision in a traffic circle (referred to as a roundabout in the decision) at the intersection of Jervis Street and Nelson Street in Vancouver. Carrie Trytko was driving northbound on Jervis Street and entered the traffic circle after yielding to traffic approaching from her left. Once in the circle she observed Merdahd Kafafi approaching from her right. The court found that Mr. Kafafi failed to slow as he entered the circle and the two vehicles collided.

CASE LAW - Suran v Auluck

BC Courts Coat of ArmsThis case begins with a street race that took place on August 4, 2008 in Delta. The race ended with one passenger dead and one driver injured. Madam Justice Burke decided liability for the crash on March 24, 2017. She found the driver of the second car involved in the street race 10% liable even though he was not part of the collision and was in police custody when it occurred. What remains to be decided is the amount of damages that the parties are entitled to or will have to pay.

CASE LAW - R v C.J.S.

BC Courts Coat of ArmsC.J.S. is a young person who held a class 8 motorcycle learner's licence. He was participating in a group ride from Campbell River to Gold River on Highway 28. He was seriously injured in a collision near the intersection of McIvor Lake Road when a Prius that he had been following signalled right and turned left.

HERGOTT LAW - Mom's Impaired Driving Teaches Us a Lesson

Hergott Law logoPaul examines an impaired driving crash in Vernon that occurred in October 2014 and recently concluded in court. Lori Vance is a mother of 4 with an unblemished driving record and was known for making sure that others did not drive while impaired. She made the choice to drive after drinking at a bar one night, running a red light, killing Erin Smith and seriously injuring Lindsey Hauck.