Car accident involving the RCMP - An Entirely Different Type of Crash
RCMP Constable Mark Maddex was driving south on Highway 19A in his squad car.
His radar snagged a truck which was doing 126 kmh ( in an 80 kmh zone) travelling in the opposite direction.
So Const. Maddex activated his emergency lights and pulled a U turn in order to give chase.
Spence Sigouin was driving a commercial van towing a trailer.
Sigouin was behind Maddex when Maddex made his U-turn.
Siguoun crashed into the side of Maddex's police cruiser as Maddex was making his U-turn.
Constable Maddex suffered both physical and emotional injuries. And as a result he launched a claim seeking compensation.
The case went to trial.
At trial B.C. Supreme Court Justice Jim Williams found Constable Maddex 50% negligent on the basis that Maddex should have exercised greater caution in making his U-turn.
The B.C. Court of Appeal overturned Justice Williams decision and held that Maddex was free of any negligence and that Sigouin was 100% responsible for the accident.
The gist of it is that the Justices of the B.C. Court of Appeal held that police officers who are in the process of responding to a highway emergency must be given a fairly wide birth to do so.
This court ruling seems to indicate that police officers involved in an emergency situation are to be given alot of latitude when it comes to determining what is negligent behavior on their part.
So, if you're hurt in a car accident involving an RCMP squad car with its flashers on ....
Want to chat about your case?
Call me at 604-255-9018 or e-mail me at [email protected]
McComb Witten Personal Injury Lawyers
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