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Mountie Not Charged in Vancouver Motorcycle Crash: Our Lawyers Report

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

Posted on Jul 17, 2013

The Vancouver motorcycle injury lawyers at McComb Witten have been following developments in the case of a December 2, 2012, crash that led to serious injuries for a Campbell River motorcyclist.

In late May, Crown prosecutors opted not to charge a Mountie who was involved in the accident—a decision informed by an Independent Investigations Office (IIO) analysis of the case. (The IIO is responsible for investigating situations in which police officers are involved in serious injuries or deaths.)

The IIO analysis was exhaustive; it considered evidence from a variety of sources—including videos, photos, maps, a collision analysis report, witness statements, and other forensic data—and concluded that “the available evidence could not support a substantial likelihood of conviction for either a criminal offence or an offence under the Motor Vehicle Act against the RCMP officer.”

Per the Criminal Justice Branch's account, here's what happened. The officer in question responded to a report that a motorcyclist had been zipping along at more than twice the speed limit on a local road (120 kmph in a 50 kmph speed zone). The officer stopped on the road, positioned partially in the biker’s lane. Rather than slow down, the biker tried to pass the officer, but this maneuver led him to skid out on a gravel shoulder and into a ditch. The driver actually passed underneath the officer’s vehicle.

Witnesses said that the officer had put on his emergency lights and that those lights would have been very visible to the motorcyclist.

While prosecutors will not charge the RCMP officer, they do plan to hit the motorcyclist with a series of driving charges.

Given the apparent facts of the case, even though he might face serious punishments, the motorcyclist is lucky to have survived that incident. The team here at the at McComb Witten hopes that the biker continues to recover from his injuries and salutes the good and necessary work that RCMP officers do to protect our populace.

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