In a judgement released today by the British Columbia Supreme Court, Madam Justice Humphries concluded that a taxi driver was 10% at fault for 2 young girls’ injuries because he left his high beams on thus obstructing the view of on-coming traffic in the early morning of September 6, 2003 in Langley, BC.
The taxi did not hit the girls, rather, the taxi driver’s fault rested with the fact that he stopped his taxi on the side of the highway to engage some potential passengers in conversation with his high beams on. The passengers were a group of 5 young people who had left a party and were looking for a taxi ride home. The taxi driver declined to give this group of 5 people a ride because his vehicle only had 4 available seatbelts.
After being rejected by the taxi driver the young people headed back across the street into the lane of westbound traffic. Unfortunatley the driver of a vehicle driving in the westbound lane failed to see the people and struck 2 young girls with her vehicle.
The court found that the girls, the taxi driver, and the westbound vehicle were all partly at fault. In assessing 10% of the blame to the taxi driver Madam Justice Humphries stated “He did not keep a lookout for oncoming traffic and he left his high beams on. This constitutes a departure of the standard of care expected of a prudent driver and was a contributing cause of the accident.”
If a person in British Columbia is partially to blame for an accident, it is important to seek compensation from all others who are at fault. Failing to do so will result in the Plaintiff receiving less than full compensation for injuries caused by the fault of others. This is called “several liability”. This decision is a great illustration of Plaintiff’s counsel seeking compensation from all those responsible for car accident related injuries. Had the taxi driver not been sued, on this reasoning, the young girls would have had the value of their claim reduced a further 10 percent.
Feel free to contact the author if you have questions about several liability and a current ICBC claim.