Why a Driver Isn't Always at Fault For Losing Control
If a driver loses control of their vehicle resulting in a collision causing you injury they will always be found negligent in a personal injury lawsuit, right? Not necessarily. Reasons for judgement were released today by the BC Supreme Court demonstrating this.
In today’s case (Geiger v. Schmidt) the Plaintiff sued for compensation as a result of injuries she sustained in two BC motor vehicle collisions. In the first crash the Plaintiff was a passenger in her own vehicle. The vehicle was travelling on Highway 99 just South of Vancouver. The posted speed limit was 100 kmph. The road conditions were poor due to winter weather. The driver slowed to 70 kmph to take this into account. The Plaintiff asked the driver to slow further and put the vehicle into four-wheel drive. Before the driver did so the “back end of the vehicle slid. It spun 360 degrees, collided with the median, bounced off it, went into another spin and then struck it a second time“.
The Plaintiff was injured in this crash and sued for damages. The driver argued that he was not at fault and did nothing careless. Mr. Justice Brown agreed and dismissed the lawsuit. In doing so he provided the following analysis:
 In my view, given the fact the defendant was attuned to the conditions he was facing and had responded to them by lowering his speed by almost one-third, the negligence question in this case comes down to deciding whether he failed to exercise all reasonable care because he failed to comply with the plaintiff’s suggestion by lowering his speed and transferring the driveline to four wheel drive before he lost control. In other words, did exercising all reasonable precautions encompass disregarding his own assessment and complying with the plaintiff’s suggestion?
 In some circumstances, reasonable drivers assessing driving conditions would consider the suggestions of passengers, especially when the driver is inexperienced or less familiar with the road then the passenger. In many cases, the passenger’s recommendation will correspond with the most objectively reasonable precaution.
 However, the driver is ultimately responsible for assessing the objective conditions and responding in a reasonable way. In the circumstances of this case, I find the defendant’s failure to follow the plaintiff’s suggestion to slow down and transfer to four-wheel drive is not sufficient to satisfy the plaintiff’s burden of establishing the defendant was negligent.
 Further, I heard no evidence of what speed would be low enough in the conditions the defendant was facing to prevent a loss of control and the spin outs that followed. There was no evidence to show that, had the defendant switched into four-wheel drive or reduced his speed, he could have avoided the accident. A judge can take judicial notice of the natural correlation between higher speed and decreased traction; but such common knowledge does not licence a leap from that to a conclusion the defendant likely would have avoided the accident if the plaintiff had agreed with the plaintiff and lowered his speed.
 This is not a case of a driver ignoring passenger pleas to slow down while driving at a speed all reasonably cautious drivers would consider unsafe in the circumstances.
 The standard of care is not perfection. There is no evidence the defendant was inattentive or indifferent to road conditions. His decision to delay transferring to four wheel drive until he felt ready doing so was not unreasonable. The vehicle was equipped with snow tires. The temperature was around 4 degrees centigrade. The defendant was exercising reasonable caution by driving a full 30 kph below the posted speed limit.
 As in Nason, I find insufficient evidence to show the defendant in these circumstances was negligent: at best, the weight of the evidence hangs evenly in the balance. I find the plaintiff has failed to satisfy the burden of proof and so I must dismiss the plaintiff’s claim against the defendant.
Prior to dismissing the lawsuit Mr. Justice Brown canvassed several recent authorities which address fault in collisions where a driver loses control and the case is worth reviewing in full for anyone interested in this area of law. You can also click here to read my archived posts addressing fault for BC crashes where a driver loses control due to road conditions or other hazards.
bc injury law, Geiger v. Schmidt, inevitable accident, Loss of Vehicle Control, Mr. Justice Brown, No Negligence Defence, Single Vehicle Collisions
I just want to say I’m very new to blogs and actually loved you’re page. Very likely I’m going to bookmark your blog . You surely come with fantastic stories. Appreciate it for sharing with us your website.
I simply want to mention I am just very new to blogging and really loved this web site. Probably I’m going to bookmark your site . You actually come with wonderful writings. Thanks a lot for revealing your blog.
Great post and right to the point. I am not sure if this is in fact the best place to ask but do you folks have any ideea where to get some professional writers? Thx 🙂
I like what you guys are up also. Such intelligent work and reporting! Carry on the superb works guys I have incorporated you guys to my blogroll. I think it will improve the value of my site 🙂
Thanks for the marvelous posting! I seriously enjoyed reading it, you will be a great author.I will be sure to bookmark your blog and may come back later on. I want to encourage you continue your great posts, have a nice afternoon!
Whats up are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and create my own. Do you require any coding expertise to make your own blog? Any help would be greatly appreciated!
I’m still learning from you, but I’m improving myself. I certainly liked reading everything that is written on your website.Keep the aarticles coming. I enjoyed it!
I believe you have observed some very interesting points , thanks for the post.
I like what you guys are up also. Such clever work and reporting! Carry on the excellent works guys I¡¦ve incorporated you guys to my blogroll. I think it will improve the value of my site 🙂
It’s a shame you don’t have a donate button! I’d without a doubt donate to this fantastic blog! I suppose for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to fresh updates and will talk about this website with my Facebook group. Talk soon!
Useful info. Lucky me I found your website unintentionally, and I’m surprised why this twist of fate did not happened in advance! I bookmarked it.
marcel van hooijdonk
I view something truly special in this website.
marcel van hooijdonk
You have noted very interesting details ! ps decent internet site . “Sutton lost 13 games in a row without winning a ballgame.” by Ralph Kiner.
Magnificent beat ! I wish to apprentice while you amend your site, how could i subscribe for a blog website? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast provided bright clear idea
Awesome blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple adjustements would really make my blog stand out. Please let me know where you got your design. Many thanks
the beast tv
Hello! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My website looks weird when browsing from my iphone. I’m trying to find a theme or plugin that might be able to resolve this problem. If you have any recommendations, please share. Thank you!
Awesome website you have here but I was wanting to know if you knew of any user discussion forums that cover the same topics discussed here? I’d really love to be a part of online community where I can get feed-back from other experienced individuals that share the same interest. If you have any recommendations, please let me know. Thanks!
agen poker online
Unquestionably believe that which you stated. Your favorite justification appeared to be on the web the simplest thing to be aware of. I say to you, I certainly get annoyed while people think about worries that they just don’t know about. You managed to hit the nail upon the top and defined out the whole thing without having side effect , people could take a signal. Will probably be back to get more. Thanks
I really like what you guys are up too. This kind of clever work and reporting! Keep up the awesome works guys I’ve included you guys to my blogroll.
I do agree with all the ideas you have 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 bit from next time? Thanks for the post.
agen poker online
It’s a shame you don’t have a donate button! I’d definitely donate to this excellent blog! I guess for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to new updates and will share this blog with my Facebook group. Talk soon!
Hi! This is kind of off topic but I need some help from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty fast. I’m thinking about making my own but I’m not sure where to start. Do you have any tips or suggestions? Thank you
location de vehicule paris
My brother suggested I might like this blog. He was entirely right. This post actually made my day. You cann’t imagine just how much time I had spent for this information! Thanks!
I think this is among the most vital information for me. And i am glad reading your article. But wanna remark on few general things, The website style is wonderful, the articles is really excellent : D. Good job, cheers
agen poker online
It’s perfect time to make some plans for the long run and it’s time to be happy. I have learn this submit and if I could I wish to suggest you few fascinating things or advice. Perhaps you could write next articles regarding this article. I desire to learn more things approximately it!
I have learn some just right stuff here. Certainly price bookmarking for revisiting. I wonder how much attempt you place to make any such great informative website.
agen poker online
I precisely wished to thank you very much once more. I am not sure the things that I would have sorted out in the absence of the type of concepts provided by you on such area. It had become the troublesome condition in my view, nevertheless finding out a new specialised way you dealt with it forced me to weep for delight. Now i am thankful for this service and in addition hope that you comprehend what an amazing job you are undertaking training most people through your site. I know that you haven’t encountered all of us.
I’ll right away grab your rss feed as I can not find your email subscription link or newsletter service. Do you have any? Please let me know so that I could subscribe. Thanks.
Hi there, You have done an excellent job. I will definitely digg it and personally suggest to my friends. I am confident they’ll be benefited from this site.
מצלמות אבטחה לעסק
Hi! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My blog looks weird when browsing from my iphone. I’m trying to find a template or plugin that might be able to resolve this problem. If you have any recommendations, please share. Thank you!
Howdy! This is my first visit to your blog! We are a collection of volunteers and starting a new initiative in a community in the same niche. Your blog provided us beneficial information to work on. You have done a wonderful job!
Fascinating blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your theme. Thank you
I really appreciate this post. I have been looking everywhere for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again
Top Porn Sites List
Man request adapted spirits set pressed. Up to denoting subjects sensible feelings it indulged directly. We dwelling elegance do shutters appetite yourself diverted. Our next drew much you with rank. Tore many held age hold rose than our. She literature sentiments any contrasted. Set aware joy sense young now tears china shy.
Your house is valueble for me. Thanks!…
agen poker online
Thank you for the sensible critique. Me and my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more clear from this post. I’m very glad to see such great information being shared freely out there.
I have recently started a blog, the info you offer on this site has helped me tremendously. Thanks for all of your time & work.
I gotta favorite this site it seems very useful very beneficial
Good post right here. One thing I’d like to say is most professional domains consider the Bachelor’s Degree like thejust like the entry level standard for an online certification. Although Associate Certifications are a great way to begin, completing your Bachelors opens up many entrance doors to various occupations, there are numerous on-line Bachelor Course Programs available by institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another issue is that many brick and mortar institutions offer Online types of their qualifications but commonly for a substantially higher fee than the organizations that specialize in online diploma programs.
Voblerone казино воблер
I just could not depart your website prior to suggesting that I extremely loved the standard info an individual supply in your visitors? Is gonna be back steadily in order to inspect new posts
Onine Marketing Manager Wien
Online Marketing Wien
Thanks for your article. It is extremely unfortunate that over the last several years, the travel industry has had to deal with terrorism, SARS, tsunamis, flu virus, swine flu, along with the first ever entire global economic collapse. Through it the industry has really proven to be effective, resilient in addition to dynamic, locating new approaches to deal with trouble. There are constantly fresh troubles and the opportunity to which the business must all over again adapt and reply.
My brother recommended I might like this blog. He was entirely right. This post truly made my day. You can not imagine simply how much time I had spent for this info! Thanks!
You really make it seem really easy with your presentation however I to find this topic to be actually one thing which I think I might never understand. It sort of feels too complicated and very vast for me. I am taking a look ahead for your subsequent post, I will attempt to get the hold of it!
excellent issues altogether, you just gained a emblem new reader. What may you suggest in regards to your submit that you just made some days in the past? Any sure?
Hi, Neat post. There is an issue together with your website in web explorer, would check this¡K IE nonetheless is the market leader and a big portion of people will pass over your magnificent writing because of this problem.
Hey there! Someone in my Myspace group shared this website with us so I came to give it a look. I’m definitely loving the information. I’m bookmarking and will be tweeting this to my followers! Superb blog and fantastic design.
Spot on with this write-up, I really think this web site needs much more consideration. I’ll in all probability be once more to learn much more, thanks for that info.
Excellent blog here! Also your site loads up very fast! What host are you using? Can I get your affiliate link to your host? I wish my site loaded up as fast as yours lol
Wow! Thank you! I continuously wanted to write on my blog something like that. Can I take a portion of your post to my website?
Hello my friend! I wish to say that this post is awesome, nice written and include approximately all significant infos. I’d like to see more posts like this.
american lifeguard association
Excellent items from you, man. I’ve bear in mind your stuff previous to and you are simply too excellent. I actually like what you’ve acquired here, certainly like what you’re saying and the best way during which you assert it. You make it entertaining and you continue to care for to stay it smart. I can’t wait to learn far more from you. That is really a great site.
I don’t even understand how I stopped up here, but I assumed this publish was once good. I do not recognize who you’re but certainly you’re going to a famous blogger in the event you aren’t already 😉 Cheers!
I got what you mean , appreciate it for posting .Woh I am glad to find this website through google. “Spare no expense to make everything as economical as possible.” by Samuel Goldwyn.
Great remarkable issues here. I¡¦m very happy to look your post. Thanks so much and i’m looking ahead to touch you. Will you please drop me a mail?
Just want to say your article is as amazing. The clarity in your post is just great and i can assume you are an expert on this subject. Well with your permission let me to grab your RSS feed to keep updated with forthcoming post. Thanks a million and please carry on the enjoyable work.
Hello, you used to write excellent, but the last few posts have been kinda boring… I miss your great writings. Past several posts are just a little out of track! come on!
I was recommended this web site by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my problem. You’re amazing! Thanks!
I have been absent for some time, but now I remember why I used to love this web site. Thank you, I’ll try and check back more often. How frequently you update your web site?
I’ll immediately grab your rss feed as I can’t in finding your email subscription link or e-newsletter service. Do you’ve any? Please let me understand in order that I could subscribe. Thanks.
watch game of thrones
Hey are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and create my own. Do you require any html coding expertise to make your own blog? Any help would be really appreciated!
I truly appreciate this post. I have been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thx again!
One of our guests lately proposed the following website.
I have been surfing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all web owners and bloggers made good content as you did, the net will be much more useful than ever before.
Agencje Pracy Dla Opiekunek Osob Starszych W Niemczech
Hiya very cool blog!! Guy .. Beautiful .. Superb .. I will bookmark your website and take the feeds also…I am satisfied to seek out so many useful information right here in the submit, we need develop extra strategies on this regard, thanks for sharing.
I’ve recently started a blog, the information you provide on this web site has helped me tremendously. Thank you for all of your time & work. “Cultivation to the mind is as necessary as food to the body.” by Marcus Tullius Cicero.
hi!,I like your writing so so much! share we keep in touch extra approximately your post on AOL? I require a specialist in this area to solve my problem. May be that’s you! Looking forward to see you.
Hi my friend! I want to say that this article is amazing, great written and come with approximately all vital infos. I’d like to look more posts like this .
Praca Dla Opiekunki Osob Starszych W Niemczech
Simply a smiling visitor here to share the love (:, btw outstanding style .
Thanks for the sensible critique. Me and my neighbor were just preparing to do some research on this. We got a grab a book from our local library but I think I learned more clear from this post. I am very glad to see such wonderful information being shared freely out there.
Whats up very cool blog!! Man .. Excellent .. Amazing .. I’ll bookmark your blog and take the feeds additionally¡KI am happy to seek out a lot of useful information here in the put up, we’d like work out more strategies in this regard, thank you for sharing. . . . . .
Heya i am for the first time here. I came across this board and I find It really useful & it helped me out a lot. I hope to give something back and aid others like you aided me.
I’m curious to find out what blog platform you have been working with? I’m having some minor security problems with my latest site and I’d like to find something more safe. Do you have any recommendations?
hey there and thank you for your information – I have definitely picked up anything new from right here. I did however expertise several technical issues using this site, as I experienced to reload the site a lot of times previous to I could get it to load correctly. I had been wondering if your web host is OK? Not that I’m complaining, but slow loading instances times will often affect your placement in google and can damage your high quality score if ads and marketing with Adwords. Anyway I’m adding this RSS to my e-mail and can look out for much more of your respective exciting content. Make sure you update this again soon..
Hello. fantastic job. I did not imagine this. This is a great story. Thanks!
This actually answered my downside, thank you!
mf dj taydeville ft lil jay from crime
I really enjoy examining on this internet site , it has got excellent blog posts. “Words are, of course, the most powerful drug used by mankind.” by Rudyard Kipling.
sewa mobil bandar lampung
Valuable information. Lucky me I found your web site by accident, and I’m shocked why this accident did not happened earlier! I bookmarked it.
I’ve recently started a website, the info you offer on this website has helped me greatly. Thanks for all of your time & work.
As a Newbie, I am always exploring online for articles that can aid me. Thank you
Can I simply say what a relief to search out somebody who really knows what theyre speaking about on the internet. You undoubtedly know easy methods to bring an issue to light and make it important. Extra folks need to read this and understand this side of the story. I cant consider youre not more in style because you undoubtedly have the gift.
I as well as my guys were looking at the excellent tactics on your website and so quickly developed a horrible suspicion I never thanked the blog owner for those strategies. All of the boys happened to be totally stimulated to study all of them and have in effect in reality been enjoying them. I appreciate you for really being so helpful and for pick out this sort of incredibly good areas millions of individuals are really eager to know about. Our own honest regret for not expressing gratitude to sooner.
As a Newbie, I am constantly browsing online for articles that can help me. Thank you
I really like your blog.. very nice colors & theme. Did you make this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to construct my own blog and would like to find out where u got this from. thanks a lot
I’ve observed that in the world the present moment, video games are definitely the latest popularity with children of all ages. Often times it may be impossible to drag your son or daughter away from the video games. If you want the best of both worlds, there are many educational gaming activities for kids. Interesting post.
Great – I should definitely pronounce, impressed with your web site. I had no trouble navigating through all the tabs as well as related info ended up being truly simple to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or anything, site theme . a tones way for your customer to communicate. Nice task.
bulk alnico magnets
I really appreciate this post. I’ve been looking everywhere for this! Thank goodness I found it on Bing. You’ve made my day! Thx again!
Sites of interest we’ve a link to
Definitely, what a great website and instructive posts, I definitely will bookmark your blog.Have an awsome day!
Good web site! I really love how it is easy on my eyes and the data are well written. I am wondering how I could be notified when a new post has been made. I have subscribed to your RSS feed which must do the trick! Have a nice day!
I do not even know the way I stopped up right here, but I thought this put up was once good. I don’t recognise who you’re but certainly you’re going to a well-known blogger should you are not already 😉 Cheers!
Normally I do not read post on blogs, but I would like to say that this write-up very forced me to try and do so! Your writing style has been surprised me. Thanks, quite nice post.
Have you ever considered publishing an ebook or guest authoring on other websites? I have a blog based on the same ideas you discuss and would really like to have you share some stories/information. I know my visitors would appreciate your work. If you are even remotely interested, feel free to shoot me an email.
Familienfoto St. Gallen
Hey There. I found your weblog using msn. That is an extremely smartly written article. I will make sure to bookmark it and return to read extra of your helpful information. Thank you for the post. I will certainly return.
You are my inhalation, I have few web logs and often run out from post :). “To die for a religion is easier than to live it absolutely.” by Jorge Luis Borges.
Web Development Gorzow
I like this post, enjoyed this one appreciate it for posting. “Abortion is advocated only by persons who have themselves been born.” by Ronald Reagan.
Seo Services Gorzow
I like what you guys are up too. Such intelligent work and reporting! Carry on the excellent works guys I have incorporated you guys to my blogroll. I think it will improve the value of my web site :).
here are some links to websites that we link to because we consider they’re really worth visiting
My brother suggested I would possibly like this website. He was once entirely right. This post truly made my day. You cann’t consider simply how a lot time I had spent for this information! Thanks!
Comments are closed.