Firefighters not at fault for pickup damaged getting out of the way: courts

A Langley resident sued for $5,000 after scraping her pickup

A Langley woman has lost a $5,000 lawsuit against the Township of Langley after she damaged her vehicle trying to get out of the way of a fire truck.

The woman told a Small Claims Civil Resolution Tribunal that a Township fire truck had “bullied” her through an intersection and damaged her pickup.

On July 24, 2017, the woman was driving her white Ford F350 pickup on 264th Street, and had stopped for a red light at an intersection.

The flashing lights of a fire truck appeared in her rear view mirror, and the woman said she pulled over to the right to allow the truck to pass her.

“According to the applicant, the fire truck was very close to her vehicle,” the tribunal’s Lynn Scrivener wrote in her judgment. “The applicant says the fire truck was creeping forward, which led her to assume there was not enough room for it to pass.”

So the pickup driver kept moving, saying she had “no choice” but to create space for the fire truck.

She felt a bump on the passenger side of her truck, where a sand-filled barrel and concrete barrier stood. After that, she decided the only way to get out of the fire truck’s way was to go through the intersection.

The incident left her with damage to the pickup’s passenger-side fender, running board, and door including scrapes, dents, and scratches.

She claimed $5,000 in damages for repairs.

The fire captain and driver of the pickup, however, didn’t remember the incident exactly the same way.

They were heading north responding to an emergency call. They waited until traffic in the southbound lane was clear before using that lane to get to the red light, where the driver stopped to make sure he could cross the intersection safely.

While they were waiting, the white pickup “sped north across the road,” according to the firefighters’ written testimony.

The fire truck then drove through the intersection, having confirmed there was no oncoming traffic.

The pickup driver admitted there was no contact between the fire truck and her Ford, Scrivener noted.

“There is no indication that the respondent’s employees [the firefighters] somehow directed the applicant to move her vehicle,” Scrivener wrote.

While she may have felt pressure to get out of the way, there’s no evidence the fire truck forced her to drive into the barriers, Scrivener found.

The claim for $5,000 was dismissed.

Just Posted

How Parksville’s St. Anne’s became a place homeless people would actually go

After opening as a ‘pray and stay’ vigil, church decided to stay open nightly

Robert Barron: Winter can be hard, but it brings back good memories

I would carefully poke the handle of the shovel through the snow until it bumped into a solid object

VIU professor concerned about myths around insect apocalypse

Jasmine Janes’s work published in peer-reviewed journal BioScience

Police remind drivers they have legal obligations when it comes to collisions

No spike in 911 calls to Victoria Police due to snow

Despite flurry of cancellations, BC Ferries record remains way off

Adverse weather cancelled more than 900 ferry sailings in 2012

Kids across Canada more at risk of hospitalization from flu this season: doctor

Dr. Theresa Tam said influenza B does not usually peak until February or later

BC Ferries hybrid ships set to arrive in Victoria today

The battery-operated vessels will take over smaller routes

Know how to spot counterfeit bills

Campbell River RCMP concerned obvious phony bills are fooling people

Young Island skiers earn podium finishes at first Teck BC Cup of 2020

Saanich student-athlete earns two bronze medals in U18 girls category

Nanaimo theft victim confronts suspects with baseball bat

Nanaimo RCMP seek identify of two people alleged to have used a stolen credit card

Esquimalt arsonist sentenced to two years in jail, thanks police, defence lawyer and taxpayers

Wei Li was convicted of intentionally lighting his rental property on fire in October 2017

Coroner’s Service investigating circumstances of senior’s death in Campbell River

Body found on beach in Ocean Grove; not deemed a suspicious death

Digital payment options on horizon for BC Transit in Greater Victoria, timeline unclear

BC Transit is ‘taking the time to get it right,’ says a spokesperson

Most Read