A very tragic motor vehicle accident occurred in Trail, BC when a young woman was killed after getting hit by a vehicle driven by an elderly driver. Despite having his driver’s licence revoked for being legally blind, he was a regular fixture in the community driving to and from Tim Hortons at the same time every morning. When the motor vehicle accident occurred, he was driving his wife’s car.
A criminal trial proceeded and the elderly driver was found guilty of criminal negligence causing death and he received a lifetime ban from driving.
What happens when someone causes an accident with your car?
A wrongful death claim has been brought by the family against the elderly driver and his wife who was the owner of the vehicle. ICBC is defending the claim on behalf of them both. CBC examined the possible legal consequences. Read Jacqueline Small’s comments on wrongful death claims.
In British Columbia, if a driver is negligent and causes a motor vehicle accident, then the owner of the vehicle will be found responsible (vicariously liable) if consent was given to the driver to operate the vehicle. The consent can be either express or implied.
Therefore, if it is proven that the elderly driver’s wife allowed him to drive her car or if she knew he would be driving her car and she did nothing to stop him, then she will be found vicariously liable for the motor vehicle accident and the wrongful death claim.
Tags: Vicariously Liable