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Coquihalla Highway Car Accident Lawyers

Coquihalla Highway Car Accident Lawyers

Coquihalla Highway Car Accident Lawyers deal with some of the worst car accident injury cases that occur on the challenging streches of this modern highway. MacLean Personal Injury lawyers are skilled at assessing the liability and damage quantum issues that arise from crashes on the “COQ” These MVA’s occur during snowy, wet and foggy conditions that plague this beautiful but challenging road and even during the summer when someone is negligent. Coquihalla Highway Car Accident Lawyers  know some people are unprepared for the conditions and the presence of heavy transport trucks and driver’s using summer tires in the winter mean driver’s have to be on high alert at all times. 

We hope you never have to call us but if you do we’ll meet with you for free and we don’t get paid until you get your settlement. When you’re hurt in an accident through no fault of your own, it’s not about the money, it’s about justice then it’s about the money. Let us help you achieve the highest measure of both.

Call us toll free 1-877-602-9900.

We have 5 offices across BC in Vancouver, Surrey Richmond, Kelowna and Fort St John and Dawson Creek.

Our lawyers are fluent in Mandarin and Cantonese as well as Punjabi, Hindi and Farsi.

Maintain Your Car and Use Proper Tires and Chains

Coquihalla Highway Car Accident Lawyers

Coquihalla Highway Car Accident Lawyers 604-602-9000

Coquihalla Highway Car Accident Lawyers warn drivers to use proper tires and make sure there vehicle is in tip top shape from a maintenance perspective. Many people use the Coquihalla to reach their summer getaway or winter ski-trip, but before you head out to drive the Coquihalla it is critical you are aware of the dangers of this road and properly prepare yourself for this dangerous highway. Always make sure that the vehicle you are taking on the Coquihalla is equipped with proper tires, even in the spring and fall the Coquihalla can have icy roads accompanied by snowfall.

Coquihalla Highway Car Accident Lawyers

The Coquihalla highway is a part of highway 5 and is approximately 200km. Just south of the tournament capital of Canada, Kamloops B.C is where highway 5 is referred to as the Coquihalla highway. The Coquihalla highway ranges from 4 to 6 lanes and the maximum speed limit on the highway is 120km/h, however as our Coquihalla Highway Car Accident Lawyers know if you have travelled this highway before you have likely seen vehicles driving much faster.

Coquihalla Highway Car Accident Lawyers  explain that the Coquihalla highway is an extremely treacherous drive, with winding roads and elevation that reaches up to 4,081 feet about sea level. On top of this, the weather on the Coquihalla is very unpredictable and what looks to be a beautiful day to drive often turns into a snowstorm on top of the Coquihalla. The diverse weather the Coquihalla mountain gets along with the steep and windy roads lead to may Coquihalla highway accidents. The Coquihalla is one of the most dangerous roads in North America with hundreds of serious highway accidents and deaths each year, which has also earned the “Coq” the nickname “Highway through hell”. Along with sometimes overwhelmed car drivers on the ‘Coq’ there are also natural hazards such as avalanches, falling rocks, or wild animals such as deer or bear darting across roads that contribute to a Coquihalla car accident.

Coquihalla Highway Car Accident Lawyers Know “COQ” is Top 5 Dangerous Highways In Canada

Coquihalla Highway Car Accident Lawyers  were not surprised to see that The Metronews featured the Coquihalla stretch from Hope to Merritt as one of the 5 worst stretches of highway in Canada. “In the summertime, vehicles will start to overheat, transmissions will get hot and fail sometimes. In the wintertime, guys will either smash their trucks up or they’ll smash their gears and their rear ends. It’s hard on equipment.” explained Jamie Davis.

Coquihalla Highway Car Accident Lawyers

MacLean Surrey Personal Injury Lawyer Office 604-576-5400

August 5, 2016 Accident Warns Drivers To Be Vigilant

Most recently on August 5, 2016, there was a multi-vehicle accident on the Coquihalla Highway which involved 13 vehicles which shut down the highway for hours. Twelve ambulances including two air ambulances responded to the scene. As the globalnews reported “Seven people were taken to hospital, with one person in serious condition transported via air helicopter, and the rest in stable condition. Multiple witnesses say the accident involved a semi-truck that lost control.”

 

Moose As Well As Cars And Conditions Can Cause Serious Harm Note

Coquihalla Highway Car Accident Lawyers

 

In the case Knight v. Knight, the defendants vehicle drove into a moose that was crossing the highway.

 

[3]             Ms. Knight suffered severe injuries as a result of the collision. The most serious was a severe traumatic brain injury that has permanently affected her cognitive abilities, memory, ability to read and left her permanently unemployable.

 

The defendant in the case, Mr. Knight, argued he was not at fault for this accident as he had little time to react to the moose that darted out.

 

However, Mr. Justice Sewell denied this claim and found Mr. Knight fully responsible stating the following:

 

[43]         In this case there is no doubt Mr. Knight owed a duty of care to Ms. Knight. The first question therefore is whether he met the required standard of care. The standard of care required of a person was addressed by the Court in Ryan v. Victoria (City), [1991] 1 S.C.R. 201 at para. 28:

28        Conduct is negligent if it creates an objectively unreasonable risk of harm. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances. The measure of what is reasonable depends on the facts of each case, including the likelihood of a known or foreseeable harm, the gravity of that harm, and the burden or cost which would be incurred to prevent the injury. In addition, one may look to external indicators of reasonable conduct, such as custom, industry practice, and statutory or regulatory standards.

[44]         In this case, Mr. Knight’s evidence is that he was driving at the posted speed limit, was looking straight ahead while driving because of the oncoming headlights of the Thomas vehicle and took no action when he noticed those headlights black out. Mr. Knight was aware that there were signs warning of the risk of moose being present on the highway and had on an earlier occasion seen a moose on Highway 37, albeit closer to Terrace. He was also aware that the risk of a moose being present was increased at dusk and that moose were more likely to be present during the rutting season, which includes October. There would be a minimal burden imposed on the defendant from driving more slowly. The only result of doing so would have been that he would have arrived at his destination a few minutes later than he would have if he was driving at the posted speed. There can be no doubt that a reasonable person living in Northern British Columbia would have been aware of the grave consequences of colliding with a moose at highway speed.

[45]         With respect to the standard of care, the Insurance Corporation of British Columbia’s Learn to Drive Smart Manual states at page 129:

Strategies: watching for animals

To help prevent a collision with an animal:

Scan the sides of the roadway ahead for animals

Watch for animal crossing signs when driving through farming or wooded areas. Slow down in these areas.

Be extra cautious at dusk and dawn. This is when animals move around to feed, and it is also harder for you to see them at these times.

Look for sudden, unusual spots of light on the roadway at night. This may be the reflection of your headlights off an animal’s eyes.

Remember that wild animals often move in herds. If you see one animal, there may be more.

[46]         I consider that the recommendations contained in the Driver’s Manual to be relevant in determining whether Mr. Knight met the required standard of care in this case.

[47]         In his evidence and examination for discovery, Mr. Knight admitted that he took none of the precautions recommended above. I am aware that I must be cautious about admissions made by Mr. Knight in this case given the fact that his wife is the plaintiff and that he therefore stands to benefit from an award in her favour. However, taking into account the whole of his evidence, his demeanor when giving evidence and the direct manner in which he answered questions put to him, I have no reason to believe that he was attempting to deceive me. Mr. Thomas’ estimate of the speed of the Knight vehicle was consistent with Mr. Knight’s evidence.

[48]         I conclude that Mr. Knight was operating his vehicle in a negligent manner on the night of October 22, 2008. I find that given the time of the year and the time of day and the presence of moose warnings signs on Highway 37, Mr. Knight was negligent in failing to slow his vehicle and in failing to take any extra precautions to keep a look out for the presence of moose on or near the highway.

[49]         I also find that he was negligent when he failed to immediately slow his vehicle when he observed something crossing in front of the headlights of Mr. Thomas’s oncoming truck.

[50]         In my view a reasonable person in Mr. Knight’s position would have immediately taken steps to slow his vehicle when he saw the headlights of the oncoming vehicle black out. I find that Mr. Knight was aware that something was obstructing the lights of the oncoming vehicle. Given the other factors I have already outlined – the warning that moose might be present on the highway, the time of day, and the fact that October is in the rutting season when moose are more likely to be present – I conclude that a reasonable driver would have realized that there was a material risk that it was an animal that was obstructing the lights and would immediately have applied his brakes and slowed his vehicle until he had ascertained what was causing the obstruction. I find that it was negligent of Mr. Knight not do so.

Driving too fast for the conditions, driving with improper tires and failing to keep a proper lookout are just some examples of how terrible accidents happen in a split second. Please be careful but i f you are injured through no fault of your own call us immediately after it is safe to do so. Toll free 1-877-602-9900.



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