This case decides the liability for a fatal crash at the intersection of Lougheed Highway and Nelson Street in Mission. At 5:10 am on October 10, 2016 the traffic lights at the intersection lost power and ceased to function. By 3:08 pm power had not been restored and a collision occurred that claimed the life of Barbara McNally.
Location of the Fatal Crash
Between these two times a number of agencies were involved in the incident, including the RCMP Operational Communications Center (OCC) staff and Emil Anderson Maintenance Co. Ltd., the road maintenance contractor.
The RCMP OCC
The RCMP OCC was notified by a member of the public about the non-functioning traffic signals at 1:36 pm. Drivers were not following the 4 way stop procedure. Nothing was done other than sending a low priority notification message to the officers on duty.
A second complaint was received at 2:26 pm and in addition to a second notification message to officers, the OCC operator notified the Regional Traffic Management Centre (RTMC).
The Regional Traffic Management Centre
The RTMC notified Cobra Electric which dispatched an electrician to the intersection to troubleshoot and repair the signals. The electrician did not arrive until after the fatal crash had occurred.
The Road Maintenance Contractor
An employee of Emil Anderson Maintenance Company, the road maintenance contractor, did not drive through the intersection until about half an hour prior to the fatal crash. The employee observed that the 4 way stop procedure was being followed by drivers at that time.
He intended to report the situation to his call centre but did not do so until after the crash.
The Fatal Crash
The crash took place when Judson Sleeman failed to realize that the traffic lights were not working as he approached them traveling westbound on Lougheed Highway at a speed that was well above the posted speed limit. He attempted to brake but was not successful in stopping.
Barbara McNally was traveling southbound on Nelson Street and had stopped to turn left. She misjudged and turned left across Mr. Sleeman's path precipitating the crash.
The Court's Decision on Liability
Justice Francis found that the RCMP OCC was negligent (40%) in not taking steps to deal with the reports of the inoperative traffic lights that it received. Emil Anderson Maintenance (25%) was found negligent for not providing any sort of traffic control after becoming aware of the inoperative traffic lights.
As well, both Ms. McNally (10%) and Mr. Sleeman (25%) were liable for the collision.
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