Bus Driver Negligent For Injuries Caused in "No-Impact" Incident
As highlighted earlier this year, a motorist can be found negligent for injuries caused to a passenger even in the absence of a collision. If a motorist makes an abrupt movement causing injuries to occupants liability can follow if the abrupt movement falls below the expected standard of care. Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, addressing such an incident.
In last week’s case (Erickson v. Sibble) the Plaintiff was riding as a passenger in the Defendant’s bus. As he approached an intersection he brought his vehicle to an abrupt stop to avoid running a red light. The sudden breaking caused injuries to the Plaintiff. In finding the bus driver negligent and liable for the injuries sustained in this ‘no-impact’ incident Madam Justice Ballance provided the following reasons:
 I have found that Mr. Sibble made the following oral and written statements:
· he apologized to Ms. Erickson and Ms. da Silva for the manner of the stop and declared that he did not want to get a “red light” ticket;
· he told Ms. Erickson that he had applied the “emergency brake”, by which he was referring to the maxi-break, at the time of the stop;
· the statements that Mr. Pearson captured in his incident report and those that Mr. Pearson testified about, as detailed above; and
· that he had stopped “a little harder than normal”, as recorded in his incident report.
 Mr. Sibble’s statements constitute admissions and are admissible against him, either as admissions against interest or as an exception to the hearsay rule: R. v. Evans,  3 S.C.R. 653; R. v. Foreman (2002), 169 C.C.C. (3rd) 489 (Ont. C.A.); R. v. Mapara, 2005 SCC 23. If admitted on the latter basis, I find that the requisite features of reliability and necessity are present. Under either doctrine, his admissions are admitted for their truth.
 I am satisfied that from the outset of Ms. Erickson’s journey, Mr. Sibble’s driving pattern was erratic, by which I mean that he engaged in a pattern of acceleration and braking that caused the bus to lurch and jerk as it travelled along.
 The evidence establishes that the bus was moving at not less than 40 kilometres per hour on its approach to the Intersection, and when Mr. Sibble was a distance of ten or, at most, fifteen metres from it, he became aware that the light was amber. The evidence supports the inference that when he noticed the amber light, he could not be sure how long it had been that colour, and was therefore concerned that he was approaching the Intersection on a stale amber that was about to turn red. Mr. Sibble was concerned about whether he had enough time to stop safely or sufficient time to proceed through. He anticipated that were he to opt for the latter, the light could change to red and he might get a “red light” ticket. By the time Mr. Sibble elected to stop, the bus was even closer to the Intersection than when he had first noticed the amber light.
 I accept that, at first Mr. Sibble braked “softly”. However, it became readily apparent to him that despite his braking efforts, the front of the bus was moving over the crosswalk and trespassing into the Intersection. The probabilities of the situation show that in recognizing this unwelcome state of affairs, Mr. Sibble applied the brakes suddenly and with much greater force, equivalent to slamming hard on the brakes, to prevent the bus from ingressing further into the Intersection. I think it is more likely than not that he also drew on the maxi-brake in a misguided attempt to fortify the conventional braking.
 Mr. Sibble’s sudden and vigorous braking caused the bus to come to an abnormally abrupt and jarring stop. The stop was not in the nature of a movement that would fall within the normal range reasonably expected by the transit travelling public, as was the case for example in Sawatsky v. Romanchuk,  B.C.J. No. 964 (S.C.). There was no reason, such as a pedestrian stepping out in front of the bus or a vehicle unexpectedly appearing or threatening to appear in Mr. Sibble’s oath, so as to justify stepping on the brakes with such sudden and excessive force. Even by jamming on the brakes, Mr. Sibble was not able to stop the bus until approximately one-third of its length had intruded into the Intersection.
 I find that Mr. Sibble glanced into his interior mirror as soon as he had made the stop to ensure that his passengers were safe precisely because he knew that the stop had been abnormally abrupt. It is not clear why at that time he did not see evidence of Ms. Erickson’s mishap.
 The evidence supports a finding that had Mr. Sibble been maintaining a proper lookout and exercising due care and attention as he advanced on this major intersection, he would not have been “caught short” in the sense of not having sufficient time to safely stop or proceed through safely before the light turned red. The evidence as a whole supports the conclusion that he failed to exercise the due care and attention and otherwise conduct himself in a manner reasonably expected of a prudent bus operator in all of the circumstances. Stated another way, I find that the Accident would not have occurred just the same had Mr. Sibble acted in accordance with his standard of care in discharge of the high duty that he owed to Ms. Erickson.
bc injury law, bus accidents, Erickson v. Sibble, Madam Justice Ballance, no-impact collision
I simply want to mention I am just beginner to weblog and actually enjoyed your web-site. More than likely I’m likely to bookmark your website . You actually have beneficial writings. Thanks for sharing your website.
Hi! Do you know if they make any plugins to help with SEO? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good results. If you know of any please share. Thank you!
Very interesting subject , appreciate it for putting up. “It is much easier to try one’s hand at many things than to concentrate one’s powers on one thing.” by Quintilian.
Very nice article and straight to the point. I am not sure if this is really the best place to ask but do you folks have any ideea where to employ some professional writers? Thanks in advance 🙂
fotograf slubny Kety
I definitely wanted to develop a small note to say thanks to you for all the precious strategies you are showing at this website. My extensive internet lookup has at the end been compensated with pleasant suggestions to share with my visitors. I would repeat that most of us visitors actually are unequivocally fortunate to be in a great network with very many special professionals with helpful solutions. I feel very much lucky to have discovered your web site and look forward to really more excellent times reading here. Thank you again for everything.
I do agree with all of the ideas you have presented in your post. They are really convincing and will certainly work. Still, the posts are too short for starters. Could you please extend them a little from next time? Thanks for the post.
venta por catalogo
I like what you guys are up too. Such smart work and reporting! Keep up the superb works guys I have incorporated you guys to my blogroll. I think it will improve the value of my site :).
Many thanks for this article. I’d personally also like to say that it can become hard while you are in school and merely starting out to create a long credit ranking. There are many college students who are just simply trying to pull through and have an extended or good credit history can sometimes be a difficult issue to have.
I have seen that service fees for on-line degree specialists tend to be a great value. Like a full Bachelor’s Degree in Communication with the University of Phoenix Online consists of Sixty credits with $515/credit or $30,900. Also American Intercontinental University Online offers a Bachelors of Business Administration with a full education course requirement of 180 units and a worth of $30,560. Online studying has made having your higher education degree far more easy because you can easily earn your current degree through the comfort of your abode and when you finish from work. Thanks for all the tips I have learned from your blog.
marcel van hooijdonk
As a Newbie, I am continuously searching online for articles that can benefit me. Thank you
I think other site proprietors should take this web site as an model, very clean and great user genial style and design, let alone the content. You’re an expert in this topic!
Heya i’m for the primary time here. I found this board and I to find It really helpful & it helped me out much. I hope to give one thing back and aid others like you helped me.
Motion Designer Wien
An attention-grabbing discussion is value comment. I believe that you must write more on this matter, it might not be a taboo subject but typically people are not sufficient to speak on such topics. To the next. Cheers
I liked as much as you will receive carried out right here. The caricature is tasteful, your authored subject matter stylish. however, you command get bought an edginess over that you want be handing over the following. in poor health for sure come further in the past once more as precisely the same just about a lot often inside of case you defend this increase.
location de voiture luxe
Thanks a bunch for sharing this with all of us you actually know what you are talking about! Bookmarked. Please also visit my web site =). We could have a link exchange arrangement between us!
agen poker online
Thank you for the auspicious writeup. It in truth was once a entertainment account it. Glance complicated to far delivered agreeable from you! By the way, how can we communicate?
Just wish to say your article is as surprising. The clarity to your publish is simply great and i can think you’re an expert in this subject. Well together with your permission allow me to snatch your feed to keep up to date with impending post. Thank you one million and please continue the enjoyable work.
hello there and thank you for your info – I have certainly picked up something new from right here. I did however expertise several technical issues using this website, since I experienced to reload the site lots of times previous to I could get it to load properly. I had been wondering if your hosting is OK? Not that I am complaining, but slow loading instances times will sometimes affect your placement in google and can damage your high quality score if advertising and marketing with Adwords. Anyway I’m adding this RSS to my e-mail and could look out for a lot more of your respective interesting content. Make sure you update this again very soon..
Currently it sounds like Expression Engine is the top blogging platform out there right now. (from what I’ve read) Is that what you’re using on your blog?
מצלמות אבטחה לבית
I savour, result in I found just what I used to be looking for. You have ended my four day long hunt! God Bless you man. Have a nice day. Bye
agen poker online
The very crux of your writing while sounding agreeable in the beginning, did not work well with me after some time. Somewhere within the paragraphs you managed to make me a believer but just for a very short while. I however have a problem with your jumps in logic and you would do nicely to help fill in all those breaks. If you can accomplish that, I would certainly be amazed.
Absolutely written subject matter, thanks for information .
Thanks a bunch for sharing this with all of us you really know what you are talking about! Bookmarked. Please also visit my site =). We could have a link exchange contract between us!
Social Media Marketing
There are certainly lots of particulars like that to take into consideration. That could be a nice point to convey up. I offer the thoughts above as general inspiration but clearly there are questions like the one you bring up the place crucial factor will probably be working in sincere good faith. I don?t know if best practices have emerged around things like that, however I am positive that your job is clearly identified as a fair game. Both boys and girls really feel the affect of only a momentís pleasure, for the rest of their lives.
Sportsman delighted improving dashwoods gay instantly happiness six. Ham now amounted absolute not mistaken way pleasant whatever. At an these still no dried folly stood thing. Rapid it on hours hills it seven years. If polite he active county in spirit an. Mrs ham intention promotion engrossed assurance defective. Confined so graceful building opinions whatever trifling in. Insisted out differed ham man endeavor expenses. At on he total their he songs. Related compact effects is on settled do.
Wonderful website. Plenty of useful info here. I’m sending it to a few buddies ans also sharing in delicious. And certainly, thanks for your sweat!
It’s a pity you don’t have a donate button! I’d most certainly donate to this excellent blog! I suppose for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to fresh updates and will share this website with my Facebook group. Talk soon!
I am very happy to read this. This is the type of manual that needs to be given and not the random misinformation that is at the other blogs. Appreciate your sharing this greatest doc.
Some truly fantastic blog posts on this internet site, appreciate it for contribution. “A religious awakening which does not awaken the sleeper to love has roused him in vain.” by Jessamyn West.
Simply want to say your article is as astonishing. The clearness in your put up is simply nice and i can think you’re an expert on this subject. Well together with your permission allow me to clutch your RSS feed to keep up to date with approaching post. Thank you one million and please carry on the rewarding work.
It is truly a nice and useful piece of information. I am glad that you just shared this helpful info with us. Please keep us up to date like this. Thank you for sharing.
I have been browsing on-line more than three hours lately, yet I never found any fascinating article like yours. It’s pretty value enough for me. In my opinion, if all website owners and bloggers made just right content material as you probably did, the web will likely be much more helpful than ever before.
Hello, i feel that i saw you visited my blog so i came to “return the favor”.I am trying to find things to improve my web site!I assume its ok to make use of some of your ideas!!
Thanks for sharing excellent informations. Your web site is so cool. I am impressed by the details that you¡¦ve on this blog. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found simply the info I already searched all over the place and simply could not come across. What an ideal web site.
I truly enjoy reading through on this internet site, it contains great articles. “The living is a species of the dead and not a very attractive one.” by Friedrich Wilhelm Nietzsche.
A lot of thanks for all of the work on this blog. Ellie delights in going through investigation and it’s easy to see why. We all learn all of the compelling manner you produce invaluable tips and tricks through your website and as well improve contribution from people on this point so our girl is undoubtedly studying a whole lot. Take pleasure in the remaining portion of the year. Your performing a pretty cool job.
Sweet blog! I found it while searching on Yahoo News. Do you have any tips on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Thanks
how to watch game of thrones
I want to voice my love for your generosity in support of persons that absolutely need assistance with in this question. Your special dedication to getting the message all around has been particularly beneficial and have constantly encouraged individuals just like me to achieve their pursuits. Your entire informative instruction denotes a lot to me and somewhat more to my mates. Thank you; from all of us.
Hello very cool website!! Guy .. Beautiful .. Superb .. I’ll bookmark your website and take the feeds also…I am satisfied to find a lot of helpful information right here within the submit, we need work out extra techniques in this regard, thanks for sharing. . . . . .
I think this is among the most significant information for me. And i am glad reading your article. But want to remark on few general things, The web site style is perfect, the articles is really nice : D. Good job, cheers
I do agree with all the ideas you’ve presented in your post. They are really convincing and will definitely work. Still, the posts are very short for novices. Could you please extend them a little from next time? Thanks for the post.
Praca Opiekunka Niemcy Od Zaraz
Merely a smiling visitant here to share the love (:, btw great style .
I am not sure the place you are getting your info, however good topic. I must spend a while finding out more or understanding more. Thank you for excellent information I was on the lookout for this information for my mission.
Does your website have a contact page? I’m having problems locating it but, I’d like to send you an e-mail. I’ve got some creative ideas for your blog you might be interested in hearing. Either way, great website and I look forward to seeing it grow over time.
dj taydeville ft lil jay from crime
Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your blog? My blog is in the exact same area of interest as yours and my users would certainly benefit from some of the information you present here. Please let me know if this alright with you. Regards!
situs judi online
Hey! I could have sworn I’ve been to this site before but after browsing through some of the post I realized it’s new to me. Anyways, I’m definitely glad I found it and I’ll be bookmarking and checking back often!
I¡¦ll right away take hold of your rss feed as I can’t in finding your email subscription hyperlink or newsletter service. Do you’ve any? Please permit me understand in order that I could subscribe. Thanks.
As a Newbie, I am constantly exploring online for articles that can aid me. Thank you
custom alnico magnets
I’ve been surfing on-line more than three hours these days, yet I by no means discovered any fascinating article like yours. It is lovely price sufficient for me. In my view, if all site owners and bloggers made just right content as you probably did, the internet can be a lot more helpful than ever before.
Great post however , I was wondering if you could write a litte more on this subject? I’d be very grateful if you could elaborate a little bit further. Thanks!
Normally I do not learn post on blogs, but I wish to say that this write-up very compelled me to try and do so! Your writing style has been amazed me. Thanks, quite great post.
excellent issues altogether, you simply gained a new reader. What may you suggest about your publish that you simply made a few days in the past? Any positive?
Web Design Gorzow Wielkopolski
I just could not leave your website prior to suggesting that I actually loved the standard information an individual supply on your visitors? Is gonna be again steadily in order to investigate cross-check new posts.
Well I truly liked reading it. This information provided by you is very helpful for good planning.
I enjoy the efforts you have put in this, thank you for all the great content.
pembesar alat vital alami
Your house is valueble for me. Thanks!…
Comments are closed.