TransLink, ICBC dinged for woman's injuries 0
TransLink and ICBC are being asked by the courts to pay $352,000 to a woman who fell and seriously injured herself after a hard brake while riding the bus.
Marie Helene Tchir was 60 years old in 2009 when she was tossed out of her seat from a stop described as “like hitting a brick wall” while riding a bus in North Vancouver.
According to the B.C. Supreme Court, the abrupt braking was because the driver of the bus was trying to avoid crashing into an “erratic driver” of a car ahead of the bus that suddenly stopped.
Tchir fell face-first out of her seat, injuring her right shoulder and knee to the point where they required surgery to fix.
“There is no question that Mrs. Tchir was injured as a consequence of the unexpected rapid deceleration of the bus from a speed of between 25 and 30 kilometres to a full stop sufficient to cause her to be thrown from her seat onto the floor of the bus,” said Justice Barry Davies in a recent decision.
The court pointed out the driver drove injured passengers to the hospital after the incident, but the judge found TransLink couldn’t prove the driver’s conduct wasn’t negligent “or that it did not contribute” to the injuries.
ICBC, according to the court, admitted negligence based on the conduct of the car driver, who was never identified.