Driver Hits Scooter in Crosswalk

BC Courts Coat of Arms This case involves a Shaw Cablesystems van being driven by Mauricio Batin and a mobility scooter driven by Najafholi Nikkhah at the intersection of Queens Avenue and 8th Street in New Westminster. Mr. Batin was driving along Queens Avenue to make a right turn at 8th Steet and Mr. Nikkhah was using the marked crosswalk on 8th Avenue to cross Queens Avenue.

Mr. Batin did not see Mr. Nikkhah and a collision resulted.

View of the Collision Location

The Driver's Explanation

Mr. Batin approached Queens Avenue on 8th Street and stopped for the red light. He waited for cross traffic from his left to clear and began to make a right turn. About a quarter of the way through the turn he heard the sound of breaking plastic and stopped.

Mr. Batin suggested to the court that Mr. Nikkhah was crossing against the red light.

After waiting for a few moments a man knocked on Mr. Batin's side window and told him that he had hit his scooter.

Mr. Batin did not see the mobility scooter prior to the crash.

The Scooter Rider's Explanation

Mr. Nikkhah was returning home from grocery shopping using his mobility scooter. He was riding on the sidewalk of Queens Avenue and had begun to cross 8th Street. It was clear to the court that he had difficulty remembering this incident.

image of mobility scooter in a crosswalk

The Court's Decision

Mr. Justice Voith discussed pedestrian right of way at signalized intersections as Mr. Nikkhah is considered to be a pedestrian for the purposes of the Motor Vehicle Act.

He also examined starting a vehicle that is stopped in traffic and turning right at a red light.

Mr. Batin was determined to be 100% at fault for this collision.