ICBC blames highway bike death on cyclist negligence in civil lawsuit

[Timpo]

ICBC blames highway bike death on cyclist negligence in civil lawsuit
By Geordon Omand, THE CANADIAN PRESS October 28, 2015
ICBC blames highway bike death on cyclist negligence in civil lawsuit


British Columbia's public auto insurer says a cyclist's own carelessness led him to be run down and killed by an alleged impaired driver on a B.C. highway. The Insurance Corp. of British Columbia responded to a lawsuit filed against it earlier this year by arguing that Ross Chafe, pictured on the right, may have been cycling under the influence of drugs or alcohol at the time of the May 31 collision. ICBC's court document continues with a variety of other claims, including that Chafe's brakes were possibly faulty and that he might not have been riding legally, staying as close as possible to the road's shoulder.

VANCOUVER -- British Columbia’s public auto insurer says a cyclist’s own carelessness led him to be run down and killed by an alleged impaired driver on a highway near Whistler.

The Insurance Corp. of B.C. responded to a lawsuit filed against it earlier this year by initially arguing that Ross Chafe may have been cycling under the influence of drugs or alcohol at the time of the May 31 collision.

A week later, the Crown corporation amended its original submission, removing the suggestion that Chafe could have been riding while “impaired by alcohol, drugs, fatigue, illness or any combination thereof.”

The remaining 11 claims were not changed, including that Chafe’s brakes were possibly faulty and that he might not have been riding legally or staying as close as possible to the road’s shoulder.

“He was operating the said cycle without proper care and attention or without reasonable consideration for others using the highway,” read the response to civil claim filed in B.C. Supreme Court on earlier this month.

“He failed to take reasonable or proper or any precaution to avoid the accident. ... He failed to give any or adequate warning to (the driver of the vehicle) when the accident was, or should have appeared, imminent.”

Chafe was out for a weekend ride with two others along Highway 99 about 50 kilometres north of Whistler when his group was hit by a vehicle alleged to have been driven by Samuel Alec.

On Sept. 17, Chafe’s wife, Lizanne Bussieres, launched legal action against Alec and the vehicle’s owner, Carmen Ned, for negligence. A month later, ICBC applied to be included as a third party in the case.

Bussieres alleged Ned was aware that Alec was impaired and still allowed him to use the vehicle, which she argued wasn’t properly maintained.

Court documents indicate she filed the lawsuit on behalf of herself and her three children, aged 11, 15 and 17.

Bussieres wants compensation for the loss of guidance, support, household assistance and inheritance, as well as special damages for funeral and memorial service costs.

None of the allegations have been proven in court and neither Ned nor Alec have filed statements of defence.

The collision also killed Chafe’s fellow cyclist Kelly Blunden and Paul Pierre Jr., who was a passenger in the vehicle.

In August, RCMP charged Alec with several offences, including impaired driving causing death, criminal negligence causing death and failure to remain at the scene of an accident.

[Timpo]

Cyclist killed in Pemberton crash may have been impaired says ICBC
Ross Chafe's alleged lack of 'proper care and attention' led him to be run down, ICBC claims in court document
By Geordon Omand, The Canadian Press Posted: Oct 28, 2015 9:34 AM PT Last Updated: Oct 28, 2015 12:46 PM PT

http://www.cbc.ca/news/canada/britis...suit-1.3292392


Whistler cyclists Kelly Blunden, left, and Ross Chafe, right, were struck and killed north of Pemberton in May, 2015. (Facebook)

One of two Whistler cyclists killed in a head-on crash near Pemberton, B.C., last spring may have been under the influence of drugs or alcohol at the time, according ICBC.

According to court documents filed by British Columbia's public auto insurer, cyclist Ross Chafe's alleged lack of "proper care and attention" led him to be run down and killed by an alleged impaired driver on B.C. Highway 99 on May 31.

The Insurance Corp. of British Columbia made the claim in its response to a civil claim filed in B.C. Supreme Court earlier this month.

"He was operating the said cycle while his ability to drive was impaired by alcohol, drugs, fatigue, illness or any combination thereof," claimed the response.

The document continues with a variety of other claims, including that Chafe's brakes were possibly faulty and that he might not have been riding legally, staying as close as possible to the road's shoulder.

"He was operating the said cycle without proper care and attention or without reasonable consideration for others using the highway."

3 killed in collision

Chafe was out for a weekend ride with two others along Highway 99 about 50 kilometres north of Whistler when his group was hit by a vehicle alleged to have been driven by Samuel Alec.

The cyclists were riding down a steep, winding hill on the Duffy Lake Road section of Highway 99 when the driver allegedly crossed the centre line and hit them head-on.

The collision also killed Chafe's fellow cyclist Kelly Blunden and vehicle passenger Paul Pierre Jr.

In August, RCMP charged Alec with a string of offences, including impaired driving causing death, criminal negligence causing death and failure to remain at the scene of an accident.

Earlier this year Chafe's wife, Lizanne Bussieres, launched legal action against Alec, ICBC and the vehicle's owner, Carmen Ned, for negligence.

Bussieres alleged Ned was aware Alec was impaired and still allowed him to use the vehicle, which she argued wasn't properly maintained.

Court documents indicate she filed the lawsuit on behalf of herself and her three children, who are 11, 15 and 17 years old.

Bussieres wants compensation for the loss of guidance, support, household assistance and inheritance, as well as special damages for funeral and memorial service costs.

None of the allegations has been proven in court and neither Ned nor Alec have filed statements of defence.