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McComb Witten Marcoux

"RCMP Cruiser Was Doing 90km/h Before Fatal Mishap, Inquest Told"

Jeffrey S. Witten, B.A., LL.B.
Personal Injury Lawyer at McComb Witten Marcoux

Blog Category:
2/6/2013
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                                                                WHO'S RESPONSIBLE ??

 

 Ashley Christine Guiboche was on her way home from her job at Metrotown. She exited the King George Highway Skytrain Station and was crossing King George Boulvard when she was struck by a car at  9:40 p.m. on January 31, 2011.

RCMP Constable Albert Luk was driving his police cruiser southbound on King George Boulevard. Witnesses say that he was travelling at a speed of about 90 km/h when he hit Ashley in the centre southbound lane.  Witnesses also say that, despite Constable Luk's speed, he hadn't activated the lights or siren on his marked cruiser prior to this tragic Surrey pedestrain accident. Additionally, it appears that Constable Luk neither applied his brakes nor did anything to avoid the collision before hitting Ashley Guiboche.

Ashley was thrown about 15 metres after being struck. Unfortunately, Ashley passed away as a result of her injuries.

Who's Responsible for this tragic Surrey pedestrian accident ?

What do you need to look at when examining this question ?

First, lets look at Ashley Guiboche's actions.

Witnesses indicated to a Coroner's Inquest that Ashely was j-walking at the time of the collision. Questions that need to be looked here include: where was she crossing in relation to the closest intersection?; how many lanes had she crossed on King George Boulevard prior to being struck ?; was she walking, running, walking ?; what was visibility like when she started crossing the road ?; did any other vehicles stop to let Ashley cross prior to the impact ?; where there any other pedestrians ahead of Ashley in her immediate vicinity when she was crossing ?

Next, lets put Constable Luk's behavior under the microscope.

Questions that need to be looked at in connection with Const. Luk include: why was he traveling at a speed of 90 km/h ?; why hadn't he activated his lights and siren ?; what opportunity did he have to see Angela prior to the accident ?; what was visibility like?; did the collision take place in an area where a motorist might expect to find pedestrians crossing the road ?

And the above is just the tip of the iceberg in terms of what  needs to be looked into when discussing the question of who's at fault for this Surrey pedestrian accident.

As you can see, pedestrian accidents are complicated and need to be carefully handled.

 

 

 

 

 

 



Category: Pedestrian Accidents


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