Injured while Riding in a Car that Struck a Moose?
Carolee Knight was riding in a car being driven by her husband Richard Knight.
Their vehicle struck a moose and Caroline suffered serious injuries.
Caroline's case went to trial.
One of the questions which Justice Robert Sewell had to deal with was whether Richard Knight was responsible for the accident in which his wife was badly injured.
This case is the subject of Ian Mulgrew's article in the August 8, 2014, edition of the Vancouver Sun.
In his article Mulgrew summarizes Justice Sewell's decision regarding responsibility for Caroline Knight's accident as follows:
" Richard Eldon Knight should have been driving more carefully as there 'can be no doubt that a reasonable person living in Northern B.C. would have been aware of the grave consequence of colliding with a moose at highway speed.' "
In short, Justice Sewell concluded that Richard Knight should have been driving more carefully given the circumstances.
And that's really the bottom line when it comes to the question of whether you have a viable ICBC injury claim if you've been hurt while riding as a passenger in a vehicle that hits a moose ( or any other large animal for that matter).
Was the driver of the vehicle you were in driving in a careful manner given all of the circumstances?
Quite frankly given all of the circumstances varies on a case by case basis.
Interested in discussing the circumstances of your unique situation?
Call me at 604-255-9018 or e-mail me at [email protected]
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