BC Tribunal rules cop car was going too fast when it crashed
BC Tribunal rules cop car was going too fast when it crashed
A BC Tribunal has found that a Vancouver cop car, with lights and siren on, was driving too fast when it collided with another vehicle. According to a July 8 BC Civil Resolution Tribunal decision, the cop car was responding to a "priority 1" call, which was a domestic violence...
A BC Tribunal has found that a Vancouver cop car, with lights and siren on, was driving too fast when it collided with another vehicle.
According to a July 8 BC Civil Resolution Tribunal decision, the cop car was responding to a "priority 1" call, which was a domestic violence attack of a woman and a baby, when it hit Ivan Chong at a Vancouver intersection.
When Chong tried to claim the damage done to his vehicle through ICBC it found him 100% at fault as he'd failed to yield the right of way to the police cruiser.
He then took ICBC to the online small claims court which came to a different conclusion.
"The fact that a police officer is responding to a high-priority emergency does not give the officer the privilege of travelling at a speed that creates an unreasonable risk to the public," the Tribunal ruled.
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The decision said Chong was driving on Grandview Highway in August 2022 when the incident happened at an intersection.
He argued the police cruiser was driving too fast and he couldn't see the police car's light due to large trees that blocked his vision.
By the time he saw the cop car, it had hit him.
Airbag Crash Data Recorder from the police cruiser showed the vehicle moving at 86 km/h five seconds before the crash and one second before the unnamed officer "slammed on the brakes" and slowed to 26 km/h before hitting Chong.
While the Tribunal found Chong should have heard the sirens, it also found the police cruiser was driving too fast through the intersection.
"I find (the police officer) failed to adequately balance the risk of harm to the public in driving the speed they were," the Tribunal ruled.
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A police report said the cop car was "steadily slowing" before the accident.
However, the Tribunal disagreed.
"I find the evidence does not show that (the police officer) was actively slowing down the police vehicle as they approached the intersection," the Tribunal ruled. "The evidence only shows that (the police officer) made a sudden braking movement, immediately before the accident."
Ultimately, the Tribunal ruled that Chong should have heard the sirens and not pulled into the intersection.
It declared Chong 50% responsible for the crash and ordered ICBC to pay $1,028 to cover half his car rental and other expenses.
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