In the recently published case of Chang v. Alcuaz, 2011 BCSC 843, Mr. Justice McEwan considered which of the parties involved in the proceeding was at fault for causing an accident at the intersection at 33rd Ave. and Main St. in Vancouver. The intersection in question was controlled by a traffic light. Both the Plaintiff and the Defendant claimed they had a green light as they entered the intersection.
Witnesses Key in ICBC Injury Case
Key to the Court’s decision that the Plaintiff ran a red light and caused the accident, was the evidence of various witnesses. The Plaintiff’s evidence was thrown into doubt due to the fact that she was unconscious following the crash and because of a statement made to her doctor to the effect that she had no memory of the accident at all. The evidence of the Plaintiff’s witness (a co-worker who testified that she was following the Plaintiff in her own car) was also called into doubt because neither of the witnesses who observed the “entire incident” noted any other vehicle near the scene of the accident.
In considering the duty of a driver approaching a green light at an intersection, Mr. Justice McEwan said the following: