Motorist loses lawsuit against Surrey, sewer truck driver

Judge finds plaintiff "did not drive with due care and attention."

Lawsuit centered on car 'crunched' by Surrey sewer truck

NEW WESTMINSTER — A motorist whose car was “crunched” by a sewer maintenance truck has lost her lawsuit against the City of Surrey and its employee driver.

Roshan Ara Ari sued the city and Rajinder Sandhu in B.C. Supreme Court in New Westminster over a traffic crash that happened in the 9500-block of Scott Road on Aug. 30, 2012. Justice Martha Devlin presided.

Both motorists had been exiting the parking lot of Scott Town Plaza. Sandhu, a city flush truck for five years, was making a right turn with his 40-foot truck, carrying hoses and tanks used to service sewer pipes when the crash happened.

The court heard he was servicing sewer pipes from the manholes running parallel to Scott Road and had two employees from DL Safety working with him, directing traffic to make sure he could pull onto the street safely,

Ali was behind the truck but rather than waiting for him to complete his right hand turn, attempted to pass him on right side. There was a crunch, and the right side tank of the truck collided with her car, pushing it into a pole on Scott Road.

Ali testified a flag person was on Scott Road and insisted there were no turning signals activated on the truck. She told the court she drove to the right of the truck as she noticed it moving to the left, and had assumed it was turning left.

She testified she then saw the truck’s reverse lights go on and it reversed into her car as she was moving. She said she honked, but Sandhu didn’t stop. She told the court she heard no beeping alarm, but in cross-examination explained that her windows were closed.

During cross-examination Ali agreed it was possible she didn’t notice the truck’s right turn signal but did notice flashing warning signs and that the location of the flag person suggested the truck was going to turn right.

Sandhu told the court he checked his mirrors and as he turned right, heard a “crunch”

He didn’t hear honking, he said, nor did he back up.

The judge found Sandhu “had a good recall of the events related to the accident.”

As for Ali, she decided, “There was no evidence to substantiate her version of events.”

Devlin found Ali had caused the crash “by passing on the right when it was unsafe to do so.”

“I accept that Mr. Sandhu had activated his right turn signal, had checked the surrounding area and determined that it was safe to turn right prior to commencing the turn,” Devlin found.

“I find that Ms. Ali’s conduct establishes that she did not drive with due care and attention, and with reasonable consideration for other motorists. In particular, she chose to pass the truck and attempt to turn right despite the fact that there were ample indications from the truck and the safety personnel in the area that it was not safe to do so.”



Just Posted

Surrey wants BNSF to slow Crescent trains

Mayor Linda Hepner said ‘it’s the least we can do’

Rail-safety forum planned for White Rock this Friday

Event to include municipal, federal, provincial governments

White Rock open house to discuss city’s aquifer protection plan

Examination of potential hazards includes increased population, climate change

‘Connecting Threads’ and more in Surrey Art Gallery’s fall shows

Free admission at opening reception and panel discussion Sunday afternoon

SFU unveils new lab at Surrey Memorial Hospital

Combination of MRI, MEG allows for ‘best possible windows’ intro brain function

B.C. RCMP turn to Const. Scarecrow to shock speeders into slowing down

New addition will watch over drivers from a Coquitlam median for first-of-its-kind pilot in Canada

B.C. home to 1/3 of Canada’s overdose deaths in first 3 months of the year

There were 1,036 overdose deaths in the first three months of the year, with 94 per cent accidental

B.C. candidate moves from hospice care to council race

He beat terminal cancer twice and entered hospice when he decided to run for council.

Canadian tobacco exec pushes back against vaping health concerns

A warning from Interior Health about the unknown health risks of vaping is getting a partial rebuke

New ‘meowyoral’ race featuring felines announced by B.C. animal shelter

Organizers hope the cat election will generate attention for shelter and local municipal election

Ministry of Agriculture commits $300,000 to help B.C. farmers obtain land

B.C. Land Matching Program supports access to affordable farmland for young farmers

Canadian air force short 275 pilots

Attrition outpaces recruitment and training claims Air Force

Teacher suspended after physically shushing, saying ‘shut up’ to student

Grade 5 student reported feeling ‘confused and a little scared’

Most Read