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

Ownership of SISȻENEM — also known as Halibut Island located east off Sidney Island — has transferred to W̱SÁNEĆ Leadership Council after The Land Conservancy of British Columbia (TLC) had purchased the island for $1.55 million. (The Land Conservancy/Submitted)
SISȻENEM (Halibut Island) transfers to W̱SÁNEĆ Leadership Council under historic agreement

The Land Conservancy purchased the 9.67-acre island for $1.55 million with help from unnamed donor

Metchosin council introduced a bylaw at a special council meeting Wednesday, which, if approved, would limit further subdivision of a 40-acre portion of the Boys and Girls Club property. The proposed bylaw amendment will come to public hearing on March 15. (Black Press Media file photo)
Metchosin council introduces bylaw to limit subdivision of Boys and Girls Club property

Proposed bylaw amendment will come to public hearing on March 15

Shannon Davis, manager at Sidney’s Star Cinema, holds up the largest available bag of popcorn available for sale at the theatre. It also also sells four smaller sizes in generating revenue following its closure last fall because of COVID-19. (Wolf Depner/News Staff)
Sidney theatre fills bottom line with popcorn sales

Theatre applying to return to doing our household-only private rentals

The Habitat Acquisition Trust has secured a biodiverse 23-hectare parcel of land in Highlands through a donation from Anne and Jim Ganns, who owned the property for 50 years. (Photo by Jeremy Da Silva/Courtesy Habitat Acquisition Trust)
23-hectare land donation in Highlands extends permanent habitat protection

Anne and Jim Ganns pass on property purchased 50 years ago to the Habitat Acquisition Trust

Several BC Ferries sailings are cancelled Friday morning due to adverse weather. (Black Press Media File)
UPDATED: More B.C. ferries sailings cancelled due to high winds, sea state

Adverse weather causes cancellations across several BC Ferries routes

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature. (B.C. government)
B.C. reports 10 additional deaths, 395 new COVID-19 cases

The majority of new coronavirus infections were in the Fraser Health region

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Feb. 23

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(Black Press Media File Photo)
POLL: Are you struggling with Greater Victoria’s cost of housing?

While Victoria remains one of the most expensive cities in the country… Continue reading

Chemainus Secondary School 2020 graduate Wayne Allen with dad Glenn Allen and other family members at ceremonies last June. (Photo by Siobhan Anderson)
Brother charged with murder in Vancouver Island teenager’s Ontario death

Jesse James Allen stands accused in the death of Wayne Allen, a 2020 Chemainus Secondary grad

An official investigation will be launched after VPD officers were recorded posing near a dead body at Third Beach on Wednesday morning, Feb. 24. (Screen grab/Zachary Ratcliff)
VIDEO: Vancouver officers under review for allegedly laughing, taking pictures next to dead body

Two officers were caught on video by a local beachgoer Wednesday morning in Stanley Park

Kim McGregor died in the Feb. 14 hit-and-run accident in Chemainus. (Photo submitted)
Victim identified in Valentine’s Day Chemainus hit-and-run

Kim McGregor grew up in Chemainus and had recently returned to be close to his parents

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature. (B.C. government)
‘Stay local’: Dr. Henry shoots down spring break travel for British Columbians

B.C. is reportedly working with other provincial governments to determine March break policies

“Our biggest challenge has been the amount of vaccine,” said FNHA acting chief medical officer Dr. Shannon McDonald. (First Nations Health Authority Facebook photo)
All First Nations on reserve to be vaccinated by end of March: First Nations Health Authority

Vaccinations continuing for B.C. First Nations amid shortages

(Delta Police Department photo)
B.C. youth calls 911 after accruing $7K in online gaming charges

‘Police spoke with the student about appropriate times to call 911’

Most Read