Riding In a Towed Vehicle Found Negligent by BC Supreme Court


In a case involving a comedy of mishaps leading up to a motor vehicle incident, reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, addressing whether it is negligent to ride in a vehicle that is being towed.
In last week’s case (Tabor v. Bridge) the Plaintiffs were involved in a series of mishaps which ultimately led to them having their vehicle towed.  Despite the prohibition of riding in a vehicle that is being towed the Defendant tow truck driver allowed the Plaintiff’s to ride in their own vehicle.   In the course of the trip the tow truck’s dolly system broke causing the towed vehicle to sway back and forth causing injuries to the Plaintiff’s.  The Defendant was found negligent for failing to properly assemble the dolly system.  The Court went on to find that the Plaintiffs were also contributorily negligent for riding in a vehicle that was being towed. In finding them 25% at fault for this decision Mr. Justice Cohen provided the following reasons:
[34]         Section 7.07(6) of the Motor Vehicle Act Regulations, B.C. Reg. 26/58 provides that no person shall tow a motor vehicle if there is a person in or on the towed motor vehicle.  There is no doubt that provision was breached in this case.  However, the law provides that mere breach of a statute, standing alone, does not constitute negligence per se: see Van Tent v. Abbotsford (City) 2013 BCCA 236…
[46]         In the case at bar, I find that the plaintiffs appreciated the risk associated with them riding together with their children as passengers in the Ford Explorer while it was being towed.  I also find that they accepted the risk not only because of the assurance they received from the defendant driver as to their safety, but also because they considered this option in all of the circumstances to be more convenient than waiting at the BMW site for a cab to take them home, especially because once they were back at the terminal they could ask the superintendent to arrange a cab to drive them to Surrey at no cost to them.
[47]         In my opinion, regardless of what the plaintiffs were told by the defendant driver about their safety, or for that matter the fact that the police observed the situation and did nothing to stop it, they nevertheless had an obligation to assess the risk and act reasonably.  The fact that the defendant driver told them it was a safe option did not mean that the risk associated with the situation they accepted was unforeseeable.  Thus, I am satisfied that to some degree the plaintiffs were to blame, but I find that the defendant driver was at fault to a much greater degree.
[48]         I find that the defendant driver knew full well that it was against the law to permit persons to ride in a vehicle being towed.  His responsibility in this regard was not removed by the fact that he believed the police would not penalize him in the circumstances.  In addition, he was completely in control of the situation in terms of allowing the plaintiffs and their children to ride in the Ford Explorer while it was being towed.  He could have easily refused them this option or have offered to take two of them at a time back to the terminal in his tow truck.
[49]         When I balance the relative degrees of fault, I find that liability should be apportioned 25% to the plaintiffs and 75% to the defendant driver.

bc injury law, Mr. Justice Cohen, Riding in a Towed Vehicle, Section 7.07(6) Motor Vehicle Act Regulations, Tabor v. Bridge, Tow Trucks

Comments (56)

  • I simply want to tell you that I am just beginner to weblog and truly enjoyed this web site. Very likely I’m going to bookmark your blog post . You definitely come with excellent articles and reviews. Thanks a bunch for sharing your webpage.

  • Nice blog right here! Also your site quite a bit up very fast! What web host are you the usage of? Can I get your associate link in your host? I desire my web site loaded up as fast as yours lol

  • Wonderful work! This is the type of information that should be shared around the web. Shame on the search engines for not positioning this post higher! Come on over and visit my web site . Thanks =)

  • Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a bit, but other than that, this is fantastic blog. A fantastic read. I’ll definitely be back.

  • Hello There. I found your blog using msn. This is a very well written article. I will be sure to bookmark it and return to read more of your useful information. Thanks for the post. I’ll certainly return.

  • Thank you for the sensible critique. Me and my neighbor were just preparing to do a little research about 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.

  • We absolutely love your blog and find the majority of your post’s to be just what I’m looking for. can you offer guest writers to write content for yourself? I wouldn’t mind producing a post or elaborating on many of the subjects you write concerning here. Again, awesome weblog!

  • Thanks for your suggestions. One thing we’ve noticed is always that banks and financial institutions understand the spending routines of consumers while also understand that the majority of people max out and about their real credit cards around the vacations. They correctly take advantage of this kind of fact and start flooding your own inbox and snail-mail box having hundreds of no-interest APR credit cards offers just after the holiday season finishes. Knowing that in case you are like 98 of American general public, you’ll hop at the opportunity to consolidate consumer credit card debt and transfer balances towards 0 interest rate credit cards.

  • certainly like your web site but you need to test the spelling on several of your posts. Many of them are rife with spelling issues and I to find it very bothersome to inform the truth then again I will definitely come back again.

  • Thank you for another fantastic post. Where else could anybody get that kind of information in such a perfect way of writing? I have a presentation next week, and I am on the look for such information.

  • This is really attention-grabbing, You’re an overly skilled blogger. I’ve joined your feed and sit up for seeking extra of your fantastic post. Additionally, I’ve shared your web site in my social networks!

  • The next time I read a weblog, I hope that it doesnt disappoint me as a lot as this one. I imply, I do know it was my choice to read, but I truly thought youd have something attention-grabbing to say. All I hear is a bunch of whining about one thing that you can repair in case you werent too busy in search of attention.

  • Excellent website. Plenty of useful information here. I’m sending it to a few buddies ans additionally sharing in delicious. And naturally, thanks in your sweat!

  • Can I just say what a reduction to seek out someone who actually knows what theyre speaking about on the internet. You undoubtedly know methods to convey a difficulty to light and make it important. Extra people need to read this and understand this side of the story. I cant consider youre no more standard since you definitely have the gift.

  • I do love the way you have framed this specific matter plus it does give me a lot of fodder for consideration. However, from just what I have seen, I just simply trust when the commentary stack on that folks remain on point and don’t start on a soap box regarding the news of the day. Yet, thank you for this outstanding point and even though I can not really go along with it in totality, I regard your point of view.

  • Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a bit, but instead of that, this is fantastic blog. An excellent read. I will definitely be back.

  • Oh my goodness! an amazing article dude. Thank you However I am experiencing subject with ur rss . Don’t know why Unable to subscribe to it. Is there anyone getting identical rss drawback? Anyone who knows kindly respond. Thnkx

  • We prefer to honor several other world-wide-web web sites on the web, even if they arent linked to us, by linking to them. Below are some webpages worth checking out.

  • Hi there! This is my first visit to your blog! We are a group of volunteers and starting a new initiative in a community in the same niche. Your blog provided us useful information to work on. You have done a marvellous job!

  • I want to express my thanks to you for rescuing me from this situation. Because of searching through the the web and getting ways which are not productive, I figured my entire life was over. Living without the approaches to the issues you have sorted out through your blog post is a serious case, and those that would have negatively affected my career if I had not discovered the website. Your own understanding and kindness in handling every item was vital. I am not sure what I would have done if I had not come upon such a thing like this. I’m able to at this point look ahead to my future. Thanks very much for this skilled and effective help. I will not be reluctant to propose your web site to anybody who would need direction on this problem.

  • I was just seeking this info for a while. After six hours of continuous Googleing, finally I got it in your website. I wonder what is the lack of Google strategy that don’t rank this kind of informative websites in top of the list. Normally the top websites are full of garbage.

  • I feel that is one of the such a lot vital information for me. And i’m glad studying your article. However want to statement on few basic things, The website taste is ideal, the articles is truly great : D. Just right job, cheers

  • Wow! This could be one particular of the most helpful blogs We’ve ever arrive across on this subject. Actually Magnificent. I’m also a specialist in this topic therefore I can understand your hard work.

  • I’m truly enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a developer to create your theme? Superb work!

  • hello!,I really like your writing very so much! proportion we keep up a correspondence extra about your article on AOL? I need an expert on this house to solve my problem. May be that is you! Looking forward to look you.

  • Hello, i feel that i saw you visited my website thus i got here to “return the desire”.I’m attempting to to find things to improve my web site!I suppose its adequate to make use of a few of your concepts!!

  • Excellent blog here! Additionally your site a lot up very fast! What web host are you using? Can I get your affiliate hyperlink to your host? I want my site loaded up as fast as yours lol

  • What i do not understood is in fact how you are now not actually a lot more neatly-liked than you may be right now. You are very intelligent. You realize therefore significantly relating to this subject, made me personally consider it from a lot of numerous angles. Its like men and women are not involved until it’s something to do with Girl gaga! Your individual stuffs excellent. All the time maintain it up!

  • fantastic post, very informative. I wonder why the opposite specialists of this sector don’t realize this. You must proceed your writing. I am confident, you have a huge readers’ base already!

  • I’d have to verify with you here. Which isn’t one thing I usually do! I get pleasure from studying a put up that may make people think. Additionally, thanks for permitting me to comment!

  • magnificent put up, very informative. I ponder why the opposite specialists of this sector do not notice this. You should proceed your writing. I’m sure, you have a great readers’ base already!

  • Hiya very nice web site!! Man .. Excellent .. Amazing .. I’ll bookmark your site and take the feeds also…I’m satisfied to seek out a lot of helpful information right here within the post, we need work out more strategies in this regard, thanks for sharing.

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