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Surrey ICBC Highway Accident Lawyers

Surrey ICBC Highway Accident Lawyers

Surrey ICBC Highway Accident Lawyers 604-576-5400

A Surrey highway accident can occur from speeding, improper passing and reckless driving, distractions, texting and poor weather conditions. Surrey highway accidents usually have tragic results due to the sheer speed of the motor vehicles travelling along these roads. Surrey ICBC Highway Accident Lawyers deal with the aftermath of often very serious if not catastrophic highway accidents that happen on Highways around Vancouver as people fight to get to and from work, to school or to their activities or the activities of their children.

Surrey ICBC Highway Accident Lawyers know you never think it will happen to you but when you are in a Surrey ICBC personal injury or Vancouver ICBC car accident claim the consequences demand immediate attention by doctors. BUT IMPORTANTLY you also need focused attention by top Surrey ICBC Highway Accident Lawyers.

Our Surrey Personal Injury Lawyers meet with you for free and give you a strategy to move forward based on our years of experience in dealing with ICBC. We have 5 offices across BC located in Surrey, Richmond, Vancouver, Kelowna and Fort St John, BC. Call us toll free 1-877-602-9900.

Surrey ICBC Highway Accident Lawyers Explain Duties of Drivers

Surrey ICBC Highway Accident Lawyers explain that if you or a loved one has been involved in a Surrey ICBC claim before you have likely heard the terms “duty of care” and “negligence”. A duty of care is owed by a person to an individual if they can reasonably foresee that their negligent actions or omissions may cause harm to that individual.

The standard of care required of drivers is that level of carefulness that it is expected reasonable people would exercise in the circumstances. Establishing the standard of care applicable in the circumstances, and proving that the defendant breached this standard of care, is a component of the tort of negligence which the claimant must provide to succeed in proving negligence.

Here Is An Example Of Negligence In Driving A Car

For example, if driver A tried to pass a vehicle on a highway but negligently cut off driver B, resulting in a crash and injury, driver B could sue for this because driver A breached a duty of care on the road. Driver A would be found liable for the injuries driver B sustained, because the reasonable driver would not have negligently cut off another vehicle in an attempt to pass another driver.

 

Surrey ICBC Highway Accident Lawyers

Experienced Personal Injury Lawyers in Surrey 604- 576 -5400

Surrey ICBC Highway Accident Lawyers 604-576-5400 Give This Recent Case Summary Of A Real Highway Accident

Associate Spencer MacLean and law student Fraser MacLean’s blog deals recent Court of Appeal case (Borgfjord v. Boizard) involved a highway accident where the trial judge found the slow defendant, who was driving 25-30kph under the speed limit and trying to pass slower vehicles, partly at fault for blocking a lane which caused an accident when another driver tried to pass these vehicles by splitting the gap in between. The court of appeal disagreed with this and ruled that the ‘overtaking a vehicle as quickly as reasonably possible standard’ is now inappropriate in British Columbia. The court held swerving in and out of traffic at high speed by the passing driver was negligence.

Summary:

“Several vehicles were travelling uphill on the three-lane Larson Hill portion of the Coquihalla Highway on a clear summer morning.  At the time of the collision, Mrs. Boizard was in the far left lane, travelling at 80-85 kph, passing slower-moving tractor-trailers in the middle and right lanes.  Mr. Thue approached the vehicles in the left lane travelling at an excessive speed, then swerved into the far right lane, and then attempted to change back into the middle lane through a small gap between the two tractor-trailers.  Mr. Thue hit the tractor-trailer in the right lane, causing severe injuries to his passengers.  The trial judge found Mrs. Boizard was partially at fault for the collision because (1) she breached her duty of care to pass as quickly as reasonably possible and (2) the breach was a cause of the accident.  Mrs. Boizard appealed.  Held: appeal allowed.  The pass as quickly as reasonably possible standard is inappropriate as it conflicts with the statutory framework.  Alternatively, Mrs. Boizard met the standard.  The judge erred in applying a weakened version of the “but for” test, and did not make the findings of fact required for a factual causation analysis.  The judge did not consider legal causation and, in any event, the accident was not reasonably foreseeable by Mrs. Boizard.”

In finding the lawsuit should have been dismissed against the appellants, the Honourable Mr. Justice Savage stated:

[49]         In my view, the “Drive as Fast as Reasonably Possible Standard” ignores the right of slow traffic to pass slower-moving traffic provided for in s. 162(1) of the MVA.  Whether passing, slow-moving driving is negligent must depend on what would be expected of an ordinary, reasonable and prudent person in the same circumstances.  The provisions of the MVA and the expressions of the other drivers suggest the standard articulated by the judge is outside the range of actions that would be expected of an ordinary, reasonable and prudent person in the same circumstances.

[89]         I have concluded that the judge erred in finding that Mrs. Boizard was subject to a standard of “Drive as Fast as Reasonably Possible” when passing vehicles in the right hand lanes.  Even if she was subject to such a standard, whether passing, slow-moving driving is negligent must depend on what would be expected of an ordinary, reasonable and prudent person in the circumstances.  Mrs. Boizard’s driving was not outside of what would be expected of an ordinary reasonable and prudent person in the circumstances.  In any event, the pass by Mrs. Boizard was neither a factual nor a legal cause of the accident.

[90]         In the result, I would allow the appeal and dismiss the action against the appellants.

MacLean Personal Injury’s Surrey ICBC Highway Accident Lawyers can’t protect you from being in an accident but we will help you avoid mistakes after and we will focus our experience and savvy in negotiating or litigating the highest fair settlement or trial judgment in your favour. Call us the minute you have been treated for your injuries and BEFORE you talk to ICBC. WE’re ready to help call us 1-877-602-9900.



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