Firefighters not at fault for pickup damaged getting out of the way: courts

Firefighters not at fault for pickup damaged getting out of the way: courts

A Langley resident sued for $5,000 after scraping her pickup

A Langley woman has lost a $5,000 lawsuit against the Township of Langley after she damaged her vehicle trying to get out of the way of a fire truck.

The woman told a Small Claims Civil Resolution Tribunal that a Township fire truck had “bullied” her through an intersection and damaged her pickup.

On July 24, 2017, the woman was driving her white Ford F350 pickup on 264th Street, and had stopped for a red light at an intersection.

The flashing lights of a fire truck appeared in her rear view mirror, and the woman said she pulled over to the right to allow the truck to pass her.

“According to the applicant, the fire truck was very close to her vehicle,” the tribunal’s Lynn Scrivener wrote in her judgment. “The applicant says the fire truck was creeping forward, which led her to assume there was not enough room for it to pass.”

So the pickup driver kept moving, saying she had “no choice” but to create space for the fire truck.

She felt a bump on the passenger side of her truck, where a sand-filled barrel and concrete barrier stood. After that, she decided the only way to get out of the fire truck’s way was to go through the intersection.

The incident left her with damage to the pickup’s passenger-side fender, running board, and door including scrapes, dents, and scratches.

She claimed $5,000 in damages for repairs.

The fire captain and driver of the pickup, however, didn’t remember the incident exactly the same way.

They were heading north responding to an emergency call. They waited until traffic in the southbound lane was clear before using that lane to get to the red light, where the driver stopped to make sure he could cross the intersection safely.

While they were waiting, the white pickup “sped north across the road,” according to the firefighters’ written testimony.

The fire truck then drove through the intersection, having confirmed there was no oncoming traffic.

The pickup driver admitted there was no contact between the fire truck and her Ford, Scrivener noted.

“There is no indication that the respondent’s employees [the firefighters] somehow directed the applicant to move her vehicle,” Scrivener wrote.

While she may have felt pressure to get out of the way, there’s no evidence the fire truck forced her to drive into the barriers, Scrivener found.

The claim for $5,000 was dismissed.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

As part of Earth Week, Ucluelet Rotary Club member Ryan Wackett will be handing out free Clean Up Packages with grabber picker up tools at his shop Westcoast Connect from April 10 to 23. (Nora O’Malley photo)
Ucluelet Rotary honours Earth Day with week long community clean up

“Let’s spring into action and clean up our beautiful communities!”

Hwy. 4 was shut down in both directions for 10 hours on March 23 as a rock bluff was blasted as part of Kennedy Hill’s ongoing construction. Commuters can expect five more 10 hour closures on five consecutive Wednesdays beginning April 28. (Photo courtesy of Ministry of Transportation and Infrastructure)
Five 10-hour closures coming to Hwy. 4 between Port Alberni and Tofino-Ucluelet

Closures needed for rock blasting as part of the Kennedy Hill Safety Improvement project.

B.C. Centre for Disease Control maps showing new COVID-19 cases by local health area for the week of April 4-10. (BCCDC image)
Parksville-Qualicum passes Nanaimo in new COVID-19 cases

Greater Victoria had more new cases than any other Island area: B.C. Centre for Disease Control

A screenshot from a Nuu-chah-nulth healing song and performance created in collaboration between Hjalmer Wenstob and Timmy Masso. (Screenshot from YouTube)
WATCH: Tla-o-qui-aht First Nation brothers produce COVID-19 healing song and performance

Hjalmer Wenstob and Timmy Masso share dance and inspiration.

Ucluelet locals Rachael, Caroline and Tom enjoy refreshments on a sunny Monday afternoon at a picnic table dining area set up by the District of Ucluelet to help residents and visitors support local businesses while staying outside. (Andrew Bailey photo)
Ucluelet chamber launches bingo contest to support local restaurants

Four Ucluelet Co-op shopping sprees are up for grabs in #Ukee2go competition.

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

The Nanaimo Clippers’ game against the Alberni Valley Bulldogs slated for Thursday, April 15, has been postponed due to a “potential positive COVID-19 test result,” says the BCHL. (News Bulletin file photo)
Nanaimo Clippers COVID-19 test negative, team can practise and play

Junior A hockey team had suspended activities the day before out of ‘abundance of caution’

Paper Excellence took over Catalyst Paper operations in B.C. in 2018. (Paper Excellence photo)
The plane blasted through an airport fence and down a hill, before stopping before a cement barrier on Highway 5A, right in front of a school bus. Photo submitted.
Student pilot crashes plane onto Highway 5A almost hitting school bus

Aircraft hit pavement right in front of school bus

Eight-year-old Piper and her family were raising money to help Guinevere, the bearded dragon, get a gynecological surgery. Sadly, the reptile didn’t survive the procedure. (Jackee Sullivan/Special to Langley Advance Times)
Lizard fails to survive surgery, GoFundMe dollars help Langley family offset medical bills

Guinevere, a pet bearded dragon, underwent an ovariectomy on Tuesday

A driver stopped by Saanich police following a road rage incident on April 15 was found to be impaired, in violation of a license restriction and in a damaged vehicle. They received a 90-day driving prohibition and a 30-day vehicle impound. (Saanich Police Traffic Safety Unit/Twitter)
Road rager fails breathalyzer on busy B.C. highway in vehicle he shouldn’t be driving

Saanich police say man was operating vehicle without required ignition lock

The family of Iris McNeil, shown here with members of her family, has launched a petition to deny parole for the man who murdered McNeil in 1997. (Family photo)
Family fights killer’s release from Vancouver Island prison

Shortreed serving an indeterminate sentence at William Head Institution

B.C. Premier John Horgan wears a protective face mask to help prevent the spread of COVID-19. THE CANADIAN PRESS/Jonathan Hayward
B.C. Premier John Horgan booked to get AstraZeneca shot Friday

‘Let’s show all British Columbians that the best vaccine is the one that’s available to you now,’ he said

Most Read