Webster & Associates has recently won an important court victory for a pedestrian injured at a crosswalk. Our client, who had consumed a significant amount of alcohol prior to the accident, was struck by a speeding car while walking in an “unmarked” Vancouver crosswalk. He was thrown some 24 meters and suffered a severe brain injury. ICBC unsuccessfully defended the speeding driver.
The trial was heard in the Vancouver Supreme Court in February 2013. Mr. Daniel Corrin of Webster & Associates was counsel.
The evidence of independent witnesses and engineers showed clearly that driver had been driving at speeds of as much as 90 kph shortly before the collision. According to the “black box data recorder”, 4 seconds before collision in the vehicle slowed down to about 68- 70 kph, then to 66-68 three seconds before impact, 62-66 two seconds before impact and 62-64 one second before impact. The vehicle hit Mr. Alarcon while travelling at about 52-54 kph. Despite the high speeds and the fact that the driver’s vehicle only had his daytime running lights on, instead if his full headlights, ICBC and the driver attempted to blame the pedestrian for his injuries. They argued that the pedestrian should have seen the speeding car and got out of the way in time to avoid the collision. They also argued that his alcohol consumption impaired the Mr. Alarcon’s ability to take proper care of his own safety. Justice S. Griffin did not agree.
In the recent judgment pronounced March 11, 2013 the court found the vehicle driver 100% responsible for the collision and Mr. Alarcon’s injuries. She found that the driver was simply not paying the proper attention he should have been paying under the circumstances. While Mr. Alarcon had consumed significant quantities of alcohol prior to being struck, Justice Griffin found no evidence to show that his alcohol use had affected his ability to pay proper attention to the approaching traffic or that alcohol had contributed to his injuries.
This case also points to the valuable role that “black box” or crash data can play in a trial. This data was only obtained by Webster & Associates through persistence in the discovery process.