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84 Year Old Bus Accident Victim Award $115,000 at Trial

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

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84 year old Yin Kung Wong fell and broke her hip while riding on a Translink bus.

The South Coast BC Transportation Authority denied that the driver of the bus, Kristopher Pennell, was responsible for Ms. Wong's injuries and forced her to take the case to trial.

B.C. Supreme Court Justice Jennifer Power heard all the evidence and awarded Ms. Wong $115,000 in compensation.

What happened here as far as the accident is concerned ?

Accordingly to Ian Mulgrew's June 26, 2013, article in the Vancouver Sun, Ms. Wong boarded the bus with her 95 year old husband and made sure that he was  properly seated. Next, Ms. Wong took her husband's ticket to be stamped. After having the bus driver stamp her husband's ticket Ms. Wong went to return to her seat.

Ms. Wong and her husband testified at trial that as she went to return to her seat the bus driver abruptly turned into traffic. And that Ms. Wong lost her footing, fell and broke her hip as a result.

In arriving at her decision, Madame Justice Power specifically pointed to a few key issues concerning responsibility. Her comments highlight some of the key things  concerning what a judges decision as to who's responsible for a bus accident hinges on.

Firstly, Madame Justice Power pointed to the evidence of an independent witness, Jeff Kirkey, regarding the manner in which the bus driver pulled into traffic:

" In cross-examination Mr. Kirkey indicated ... he recalled a strong jerk prior to the fall".

These comments highlight how important witnesses can be when it comes to proving responsibility for an accident. Identifying and having witnesses to a bus injury claim properly interviewed clearly is a huge issue.

Second, Madame Justice Power said:

" Mr. Pinnell was cross-examined extensively on an incident report which he filled out for his employer the day after the accident ( Exhibit 4). A number of inconsistencies between his evidence at trial and the incident report were brought out. Mr. Pinnell stated that he thought the bus was at least three-quarter full at trial, even though he acknowledged that he estimated 10 passengers on the incident report. He had ticked the box on the incident report indicating the passenger was holding on even though he stated at trial that he he had never seen her..."

As you can see the "incident report" which bus drivers are required to complete by Translink ,following a bus accident, is a very important document. Obtaining a copy of this "incident report" and analyzing it carefully can make or break a case when it comes to proving that a bus driver was responsible for a bus accident claim.

Category: Bus Accidents

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