09/11/2017 0 Comments
Vehicle Accidents and Speeding
In Clements (Litigation Guardian of) v. Clements, 2009 BCSC 112 the plaintiff suffered a severe traumatic brain injury when the motorcycle she was a passenger on crashed after the rear tire burst. The defendant argued that the loss of control was caused by a rapid deflation of the tire resulting from the sudden expulsion of a nail that had punctured the tire and that he was not negligent. Although the defendant was speeding, he argued that the rapid deflation would have resulted in a crash even at a lower speed and that the plaintiff had failed to prove causation. In finding the defendant liable the court held that although the rear tire deflated through no one’s fault, the defendant was driving too fast and with too heavy a load, and that those factors materially contributed to the inability of the defendant to maintain control after the tire deflated.
In Suzuki v. Bain, 2005 BCSC 1276 the defendant lost control on a corner and struck the oncoming logging truck in which the plaintiff was traveling. The defendant was killed instantly from the impact of the collision and the plaintiff was injured and off from work for months with chronic back pain. The court found the defendant liable for the accident as he should have been able to negotiate a curve on the roadway that had a substance on it, likely diesel fuel, if traveling at an appropriate speed.
In Caldwell v. Ignas, 2007 BCSC 1228 the plaintiff was injured when the vehicle he was a passenger in went off the road in winter conditions. The court found that the defendant, who was the driver of the vehicle, travelling 20 km/h over the speed limit, went too fast for the conditions. Although in court the driver’s defence was that there was black ice on the road, he also admitted to speeding as being the major reason for why he lost control. The court noted that there was no evidence of black ice actually being observed at the scene of the accident and the defendant’s application to dismiss the action commenced against him for negligence was dismissed with costs.
Tickets can deter speeding and speeding accidents to some extent. The Motor Vehicle Act (RSBC 1996) (“MVA”) outlines a number of speeding tickets can be issued as follows:
Violation | Fine | Demerit Points | Section in the MVA
Speed relative to conditions | $167 | 3 | s.144(1)
Speed in/out municipality | $138-$196 | 3 | s.146(1)
Speed against highway sign | $138-$196 | 3 | s.146(3)
Speed against municipal sign | $138-$196 | 3 | s.146(7)
Speed on municipal lane | $138 | 3 | s.146(11)
Speed in school zone | $196-$253 | 3 | s.147(1)
Speed in playground zone | $196-$253 | 3 | s.147(2)
Excessive speed (40 kms/hr over+) | $368-$483 + costs of towing + vehicle impoundment 7 days (30 or 60 days for repeat offenders) | 3 | s.148(1)
Incurring one or more excessive speeding tickets will also require a driver to pay a driver risk premium (DRP) above the cost of insurance.
Contact the Lawyers at Bronson Jones & Company LLP for Help with Your ICBC Claim in Vancouver
If you or your loved one was injured by a speeding driver, contact our professional team of lawyers. Compensation for Vancouver ICBC car accident claims may include pain and suffering, loss of enjoyment of life, out-of-pocket expenses (including medical expenses), the cost of future care, past and future wage loss and loss of earning capacity. We will pursue all appropriate claims on your behalf.
Bronson Jones & Co. LLP has helped accident victims throughout the community for over 30 years. During this time, our personal injury lawyers have experienced what it takes to be successful in the courtroom and how to settle a case fairly out of court. Our team of car accident lawyers in Vancouver and throughout Lower Mainland combines legal knowledge and a passion for the law to ensure that our clients are awarded the compensation that they deserve. If you or a loved one has been involved in a speeding accident, contact us at 1-855-852-5100. Representing vehicle accident victims. It’s all we do.