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

Cyclists pick up swag and cycling trail maps at city Bike to Work Week ‘celebration station’ a few years ago. (News Bulletin file photo)
City of Nanaimo’s active transportation plan will be about more than infrastructure

City working on goals to double walking trips and quintuple cycling and busing trips

Kinsmen Participark in Beban Park will be closed next week so city workers can remove dangerous trees and invasive plant species. The work is the start of an improvement project that includes replacing signs and fitness stations in the spring. (Chris Bush/News Bulletin)
Nanaimo fitness park to close for removal of hazard trees and invasive plants

Tree cutting to start in Beban Park’s Kinsmen Participark as part of improvement project

Nanaimo RCMP seek public assistance after numerous tire slashings between Jan. 12-14. (News Bulletin file)
Police seek public’s help after ‘tire slashing spree’ in central Nanaimo

Ten reports of slashed tires in the last three days, say Nanaimo RCMP

Police hope to find the owners of two canoes found at Descanso Bay on Gabriola Island. (Photo submitted)
RCMP seek owners of canoes found on Gabriola Island that possibly came from Nanaimo

Two older canoes, found by police at Descanso Bay, could have washed ashore with recent storms

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2020. THE CANADIAN PRESS/Darryl Dyck
536 COVID cases, 7 deaths reported as B.C. find its first case of South African variant

Henry said 69,746 people have received their first dose of the COVID vaccine.

Beef to my neighbour who likes to decorate his yard with garbage. In his front yard he has a toilet bowl.
Beefs & Bouquets, Jan. 13

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail editor@nanaimobulletin.com

Seiners fill the waters between Comox and Nanoose Bay during roe herring fishery. file photo, Pacific Wild
Quota debate heats up on the eve of Vancouver Island herring fishery

Industry and conservationists weigh in how much catch should be allowed as DFO decision coming soon

Alan Davidson was sentenced to almost six years for abusing seven boys in the late 1970s and early 1990s. (Canadian Press file)
Full parole granted to former Mountie, sports coach convicted of sex abuse of boys

Alan Davidson convicted of abusing boys in B.C. and Saskatchewan in late ’70s, early ’90s

The first COVID-19 vaccine arrives in B.C. in temperature-controlled containers, Dec. 13, 2020. (B.C. government)
More vaccine arrives as B.C. struggles with remote COVID-19 cases

Long-term care homes remain focus for public health

North Cowichan Mayor Al Siebring has expressed his frustration with harassment of people who have made racist comments online about Cowichan Tribes in the wake of a COVID-19 outbreak in the First Nation. (Citizen file)
Island mayor calls for de-escalation as social media gets uglier in racism fight

“Racism is wrong. But so is this kind of reaction”:

The Transportation Safety Board of Canada said a lack of experienced crew members and the inability to detect navigational errors is what led to a Sooke search and rescue boat running aground in February 2019. (Twitter / @VicJRCC_CCCOS)
TSB: Sooke search and rescue boat crash caused by ‘misinterpretation of navigational information’

Crew members were lacking experience and unable to detect navigational errors

The first Pfizer-BioNTech COVID-19 vaccine dose in Canada is prepared at The Michener Institute in Toronto on Monday, Dec. 14, 2020. THE CANADIAN PRESS/Frank Gunn
Doses of COVID-19 vaccine expected in 60 B.C. First Nations by next week

B.C. has allocated 25,000 doses of COVID-19 vaccine to First Nations for distribution by the end of February

Most Read