Distracted Driving Collision at Intersection

BC Courts Coat of Arms This case arises from a distracted driving related collision that happened at the intersection of Ware Road and Highway 19 in Lantzville. Valerie Shaver was turning left from Ware Road to northbound on Highway 19 and Graeme Lymbery was travelling southbound on Highway 19 approaching the Ware Road intersection.

Circumstances of the Collision

Mr. Lymbery was helping a friend move some household items using his pickup truck. He was being followed by the friend and the friend's sister in separate vehicles. All three drivers told the court that the light was green for southbound traffic on Highway 19 as they approached the intersection.

Ms. Shaver was on her way home from work using a company van and had stopped for the red light eastbound on Ware Road. She said that she began to make her left turn to go northbound on Highway 19 when her light turned green.

image of distracted driver using cell phone

Distracted Driving

The defence theory was that Ms. Shaver was distracted by her use of a cell phone while driving and entered the intersection on a red light.

Ms. Shaver claims that she followed company policy by using a headset and not placing a call while driving. She made the required call to her home from the company parking lot before departing.

According to the court, cell phone records provided objective evidence that Ms. Shaver was holding a hands free conversation on a cell phone at the time of the collision.

Three Against One

Madam Justice Power found that it was unlikely that three different drivers would claim to have been facing a green light when it was not.

She said that "Although the plaintiff adamantly denies this, the cell phone records provide some objective evidence that the plaintiff was on the cell phone at the time of the accident and she was distracted entering the intersection."