Driving related decisions by the courts.
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.
The case of Billabong Road & Bridge Maintenance v Brook is a B.C. Supreme Court appeal of a conviction that saw both parties found 50% at fault after a single vehicle collision. The provincial court judge found the road maintenance company partly at fault for the collision because it had not sanded the slippery roadway.
In this case Allen Lukas appeals his conviction for speeding based on the visual observation of his vehicle's speed made by Cst. Neid of the Kelowna R.C.M.P. Detachment.
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.
Who is liable for the crash when one driver swings wide to turn right into his driveway and an overtaking driver passes on the right at the same time? That is the question decided by Justice Brown in the case of Tang v Rogers.
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.