Driver Liable for Collision After He "Dozed Off" at the Wheel

Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.

Reasons for judgement were released this week by the BC Supreme Court, Penticton Registry, assessing fault for a collision where a motorist lost consciousness while behind the wheel.
In this week’s case (Holt v. Rother) the Defendant motorist lost consciousness while driving his vehicle.  His vehicle veered across the oncoming lane and onto the southwest shoulder where he struck and seriously injured the Plaintiff pedestrian.
The Defendant argued he was not at fault suggesting that an “unexpected and unforeseeable medical condition” caused him to lose consciousness.  Mr. Justice Barrow rejected this explanation finding it was more likely than not that the Defendant simply ‘dozed off’.  In finding the Defendant fully at fault Mr. Justice Barrow provided the following reasons:
[34]         The issue that remains is whether the defendant has rebutted the inference of negligence that arises from the proven manner of driving. He points out that it is impossible to prove what may have caused him to lose consciousness, if that is what happened, and he is not required to do that. It seems to me that it is at least as likely that Mr. Rother dozed off just before he struck the plaintiff as it is that he lost consciousness for some other reason. In fact, I think this is the more likely explanation. He was 76 years old. He had been out in the hot sun all afternoon. He had been intermittently swimming. He had driven 20 or 30 minutes on the highway in the late afternoon. I agree with Dr. Cameron that a syncopal episode, while possible, is not a likely explanation for what happened. Further, I agree that vasovagal fainting, while more likely than a syncopal episode, is less likely than simply dozing off.
[35]         In reaching this conclusion, I have considered the actual driving evidence. It is not necessary to conclude that Mr. Rother was attempting to flee the scene after he struck the plaintiff. I have no doubt that had he been aware he hit the plaintiff, he would have stopped immediately. I think it likely that he was not aware he struck the plaintiff and was not attempting to drive away when he hit the lamp standard. I think it likely that he was aroused from his momentary lapse of consciousness, and before he regained his wits, he struck the lamp standard and his vehicle rolled over.
[36]         As noted by Evans J. in Boomer v. Penn, “[t]he evidence must disclose the probability that the driver’s acts and omissions were not conscious acts of his volition”. Further, he must establish that if he suffered a lapse in consciousness, that it was not reasonably foreseeable. Dr. Francis said, and common experience supports, that drowsiness while driving is usually preceded by some advance warning, such as yawning, heavy eyelids, or a lack of acute awareness. While Mr. Rother did not say that he experienced such symptoms he is, as noted, an unreliable historian, and his memory of events shortly before the accident is not complete.
[37]         I am not satisfied that Mr. Rother has discharged the onus he bears to establish that his driving, on the day in question, was not volitional or, if it was not volitional, that it was the result of something that was not reasonably foreseeable.

bc injury law, Holt v. Rother, inevitable accident, Mr. Justice Barrow

Comments (61)

  • go to my blog

    I simply want to mention I am beginner to blogging and site-building and seriously enjoyed this web blog. Almost certainly I’m planning to bookmark your site . You certainly come with perfect articles. Thanks a bunch for revealing your web site.

  • W88.com

    Thanks for your valuable post. In recent times, I have come to understand that the actual symptoms of mesothelioma cancer are caused by your build up associated fluid involving the lining of your lung and the upper body cavity. The infection may start inside the chest location and pass on to other limbs. Other symptoms of pleural mesothelioma include fat loss, severe respiration trouble, temperature, difficulty eating, and bloating of the neck and face areas. It needs to be noted that some people with the disease don’t experience almost any serious signs at all.

  • 릴게임다운로드

    you’re really a good webmaster. The website loading pace is incredible. It kind of feels that you’re doing any unique trick. Furthermore, The contents are masterwork. you have performed a great process on this topic!

  • venta por catalogo

    I’m really impressed with your writing skills and also with the layout on your weblog. Is this a paid theme or did you modify it yourself? Either way keep up the excellent quality writing, it’s rare to see a nice blog like this one these days..

  • crystalclutch.com

    I haven’t checked in here for a while as I thought it was getting boring, but the last few posts are good quality so I guess I’ll add you back to my everyday bloglist. You deserve it my friend 🙂

  • 먹튀폴리스 동화

    Thanks a lot for giving everyone such a brilliant chance to check tips from here. It’s usually so useful and also packed with a great time for me personally and my office peers to search your site not less than thrice per week to learn the fresh secrets you will have. Not to mention, I’m certainly pleased with all the great tricks served by you. Certain 3 areas in this article are clearly the most impressive we have all had.

  • scrum

    You really make it seem so easy with your presentation but I find this matter to be really something that I think I would never understand. It seems too complex and very broad for me. I am looking forward for your next post, I will try to get the hang of it!

  • Underground Elephant San Diego

    What i do not realize is in reality how you’re not really a lot more well-appreciated than you might be right now. You are very intelligent. You realize thus considerably relating to this topic, produced me individually consider it from a lot of various angles. Its like men and women aren’t fascinated except it is one thing to accomplish with Woman gaga! Your own stuffs great. Always care for it up!

  • online poker

    I am very happy to read this. This is the kind of manual that needs to be given and not the accidental misinformation that’s at the other blogs. Appreciate your sharing this best doc.

  • location de vehicule paris

    Excellent post. I was checking continuously this blog and I am impressed! Very useful information specifically the last part 🙂 I care for such info a lot. I was looking for this certain info for a very long time. Thank you and best of luck.

  • poker

    hello!,I like your writing so much! share we communicate more about your article on AOL? I require an expert on this area to solve my problem. Maybe that’s you! Looking forward to see you.

  • online poker

    I have been browsing on-line more than three hours lately, yet I never discovered any fascinating article like yours. It is lovely price enough for me. Personally, if all website owners and bloggers made excellent content material as you probably did, the internet can be much more useful than ever before.

  • online poker

    Excellent read, I just passed this onto a colleague who was doing a little research on that. And he actually bought me lunch as I found it for him smile Therefore let me rephrase that: Thank you for lunch!

  • poker online

    Hey there, You have done an excellent job. I will certainly digg it and in my opinion suggest to my friends. I’m confident they’ll be benefited from this site.

  • m w88

    Hey There. I found your blog using msn. This is an extremely well written article. I’ll be sure to bookmark it and come back to read more of your useful info. Thanks for the post. I’ll certainly comeback.

  • bestpornsites.guide

    For who thoroughly her boy estimating conviction. Removed demands expense account in outward tedious do. Particular way thoroughly unaffected projection favourable mrs can projecting own. Thirty it matter enable become admire in giving. See resolved goodness felicity shy civility domestic had but. Drawings offended yet answered jennings perceive laughing six did far.

  • voblerone

    There are actually loads of particulars like that to take into consideration. That may be a nice point to carry up. I offer the thoughts above as general inspiration however clearly there are questions like the one you bring up where crucial factor shall be working in trustworthy good faith. I don?t know if best practices have emerged around issues like that, but I’m sure that your job is clearly recognized as a fair game. Each boys and girls really feel the impact of just a moment’s pleasure, for the remainder of their lives.

  • 토토사이트 추천

    Hi there would you mind letting me know which hosting company you’re utilizing? I’ve loaded your blog in 3 completely different web browsers and I must say this blog loads a lot quicker then most. Can you recommend a good web hosting provider at a fair price? Thanks a lot, I appreciate it!

  • 토토 사이트

    I just wanted to send a small word so as to appreciate you for those fantastic items you are posting on this site. My prolonged internet investigation has finally been honored with awesome ideas to share with my family. I would declare that many of us website visitors are quite fortunate to live in a magnificent network with so many wonderful people with great tactics. I feel really lucky to have used the web site and look forward to tons of more brilliant minutes reading here. Thanks once more for all the details.

  • אוזניות

    You could certainly see your skills within the paintings you write. The arena hopes for even more passionate writers like you who are not afraid to say how they believe. At all times go after your heart.

  • Catering

    I have been exploring for a bit for any high quality articles or blog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this web site. Reading this information So i’m happy to convey that I’ve an incredibly good uncanny feeling I discovered just what I needed. I most certainly will make certain to don’t forget this website and give it a look on a constant basis.

  • lifeguard certificate

    I am commenting to let you understand of the awesome experience my wife’s princess developed studying your web site. She figured out some things, which included what it’s like to possess an excellent coaching character to have folks effortlessly fully understand specified grueling things. You truly did more than her desires. Thanks for giving those informative, trustworthy, revealing and in addition easy tips on the topic to Tanya.

  • เช่ารถตู้ Vip

    You actually make it seem so easy with your presentation but I find this matter to be actually something which I think I would never understand. It seems too complex and extremely broad for me. I’m looking forward for your next post, I will try to get the hang of it!

  • 안전놀이터 사설배팅

    Thanks for sharing excellent informations. Your web site is very cool. I’m impressed by the details that you’ve on this site. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for extra articles. You, my pal, ROCK! I found just the information I already searched all over the place and just could not come across. What a great website.

  • ww88

    What i do not understood is in truth how you are not really a lot more smartly-favored than you might be now. You’re so intelligent. You know thus considerably when it comes to this subject, made me for my part believe it from numerous various angles. Its like women and men don’t seem to be fascinated until it’s something to do with Woman gaga! Your own stuffs excellent. Always take care of it up!

  • 토토사이트

    magnificent post, very informative. I wonder why the other experts of this sector do not notice this. You should continue your writing. I am confident, you have a huge readers’ base already!

  • 우리카지노 계열

    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 novices. Could you please extend them a little from next time? Thanks for the post.

  • เช่าเก้าอี้

    It is perfect time to make some plans for the future and it is time to be happy. I’ve read this submit and if I may I wish to suggest you few fascinating things or suggestions. Maybe you could write next articles referring to this article. I wish to read even more issues approximately it!

  • 먹튀폴리스 검증

    An added important part is that if you are a senior, travel insurance regarding pensioners is something you need to really look at. The mature you are, the harder at risk you happen to be for making something undesirable happen to you while in foreign countries. If you are certainly not covered by some comprehensive insurance policies, you could have several serious problems. Thanks for revealing your advice on this weblog.

  • 메이저 사이트

    you’re actually a excellent webmaster. The site loading pace is amazing. It kind of feels that you’re doing any unique trick. Furthermore, The contents are masterwork. you’ve performed a excellent activity on this matter!

  • lifeguard training

    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! Thank you

  • 안전토토사이트

    I’ve been browsing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all webmasters and bloggers made good content as you did, the net will be a lot more useful than ever before.

  • custom alnico magnets

    Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You clearly know what youre talking about, why waste your intelligence on just posting videos to your blog when you could be giving us something enlightening to read?

  • custom tshirt

    Hello, you used to write great, but the last several posts have been kinda boring… I miss your super writings. Past few posts are just a little bit out of track! come on!

  • 메이저놀이터

    Pretty component to content. I just stumbled upon your blog and in accession capital to assert that I acquire in fact loved account your blog posts. Anyway I will be subscribing on your feeds or even I achievement you access consistently quickly.

  • 먹튀 폴리스

    Thank you for this article. I’d also like to say that it can become hard when you find yourself in school and starting out to create a long credit standing. There are many individuals who are simply just trying to endure and have a long or favourable credit history can often be a difficult factor to have.

  • nonton movie

    Thanks a bunch for sharing this with all of us you really know what you’re talking about! Bookmarked. Please also visit my site =). We could have a link exchange contract between us!

  • งานแต่งงาน

    Have you ever considered publishing an e-book or guest authoring on other blogs? I have a blog based on the same topics you discuss and would love to have you share some stories/information. I know my readers would enjoy your work. If you’re even remotely interested, feel free to shoot me an e mail.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer