Man wins lawsuit after ICBC found him half-responsible for other driver running red light
A B.C. driver who was found equally responsible after someone allegedly ran a red light and crashed into his pickup truck has been awarded nearly $8,000 in damages.
Christian Pedersen took his case to the province's small claims tribunal after ICBC investigators were unable to determine who was to blame for the collision, instead finding both drivers 50 per cent liable.
The Civil Resolution Tribunal ultimately determined Pedersen was not responsible at all.
The crash happened on the morning of April 6, 2020, while Pedersen was driving his pickup down 122nd Street in Surrey. As he was passing through the 72nd Avenue intersection, a sedan driven by Gursimran Makkar slammed into the front corner of his truck.
The tribunal noted there were no witnesses to the crash, the intersection's traffic camera wasn't working at the time, and both drivers claimed to have the right-of-way.
"In the absence of any objective evidence about who had a green light, I find that this dispute turns on credibility," tribunal member Eric Regehr wrote.
"Part of assessing credibility is assessing whose account is more in harmony with what a practical and informed person would consider reasonably likely in the circumstances. In other words, whose account of the accident is more consistent with common human experience?"
The tribunal did consider evidence gathered from the black boxes recovered from both vehicles. ICBC had the contents analyzed by a forensic consultant, who found Pedersen's pickup had stopped at the intersection before slowly accelerating to 25 km/h at the time of the crash.
Makkar's car was determined to have been going approximately 60 km/h and "only began slowing half a second before impact," according to the tribunal's decision.
Regehr said the findings suggest Makkar, who was represented by an ICBC employee at the hearing, wasn't paying close attention to the road. He also found it unlikely that Pedersen would have run a red light after coming to a stop.
The tribunal member also noted that Makkar initially told ICBC he only "thought" the light had been green.
"I find that Mr. Pedersen was proceeding through the intersection on a green light," Regehr wrote. "There is no evidence to suggest that Mr. Pedersen was contributorily negligent. I find that Mr. Makkar is 100 per cent liable for the accident."
The tribunal ordered Makkar to pay $5,627 in damages for pain and suffering to Pederson, who suffered minor injuries in the crash, as well as $2,309 for accelerated deprecation of his pickup truck's value.
Pedersen also sought an order reversing the increase to his ICBC insurance premiums that resulted from the accident, but was denied. Regehr said the tribunal does not have "jurisdiction, or legal authority, to order ICBC to change a person's insurance premiums," and that the public insurer was also not a party to the dispute.
CTVNews.ca Top Stories
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
Town of Fort Nelson, B.C., ordered to evacuate due to wildfire
The entire town of Fort Nelson, B.C., as well as the nearby Fort Nelson First Nation, has been ordered to evacuate due to an out-of-control wildfire.
Bouchard lifts Edmonton Oilers to 4-3 overtime win over Canucks in Game 2
Evan Bouchard scored 5:38 into overtime and the Edmonton Oilers bounced back for a 4-3 win over the Vancouver Canucks in the second round of the Stanley Cup playoffs on Friday.
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
Video shows naked raccoon catching B.C. family by surprise
When Marvin Henschel spotted a strange and hairless creature wandering through a front lawn in B.C.'s Lower Mainland, he could barely believe his eyes.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Out-of-control wildfire prompts evacuation alert for Fort McMurray, Saprae Creek Estates Friday night
An evacuation alert was issued for two Wood Buffalo communities Friday night, as crews battled an out-of-control wildfire near Fort McMurray.