Vancouver taxi company on hook for nearly $1M in serious Supreme Court crash case
A Vancouver taxi company is on the hook for nearly $1 million after a B.C. Supreme Court decision stemming from a serious collision between a taxi driver and a motorcycle driver.
The crash occurred on Feb. 5, 2021, involving a driver from Vancouver-based Black Top and Checker Cabs and a female motorcycle driver, EM.
EM was 30 years old at the time of the accident.
She was riding her motorcycle on Hemlock Street just after 5 p.m. while the Vancouver taxi driver was stopped at a stop sign. EM was riding her Honda Rebel motorcycle at a speed of around 40/50 km/h.
“The taxi proceeded into the intersection, striking the plaintiff and the motorcycle, causing the plaintiff to be thrown off the motorcycle,” the decision states.
While the defendants admitted liability for the accident, they argued the extent of EM’s claimed damages.
EM, born and raised in Ontario, was 34 at the time of the trial. She had been working at Canada Post up until the time of the accident, where she planned to continue to work and build up a pension.
According to the decision, EM, “saw a taxicab to her left, eastbound on West 8th Avenue, beginning to roll out from the stop sign. The taxi then darted through, and she slammed on her brakes. The taxi struck her on her left side, she then went flying to the right, landing on her head and right hip on the pavement. She remembers hitting her head and then opening her eyes and being screamed at, and someone telling her not to move. She remembers she was lying on her back and not able to feel her legs.”
She complained about numbness on her right side, and when paramedics arrived, attendants found tenderness at T1 (thoracic vertebrae), pelvic pain, abrasions on her leg, and instability on her right femur and ankle. She was given pain medication and mobilized for transport.
The decision states that EM doesn’t remember being driven to the hospital, but does remember screaming for her partner in the hospital, but not much else.
EM dealt with headaches for a while, but told the court that they were much better during cross-examination.
“In the Fall of 2022, she bought a motorcycle because it was less expensive at that time. She rode it once in 2022, but it was painful, and she could barely get off,” the decision states.
EM was not able to financially sustain herself following the accident. EM had also dealt with mental health issues before the accident, which were exacerbated by the crash.
One doctor’s opinion stated that EM “has probably been rendered permanently partially disabled due to the ongoing symptoms present as a result of the physical injuries she sustained at the time of the accident.”
How the B.C. Supreme Court determined the nearly $1M in damages
One of the main questions the court was focused on finding an answer to was the extent to which the crash and subsequent injuries would affect her potential to work and earn income.
The Vancouver taxi company admitted that EM was very active and athletic and that some of those activities were no longer available to her. They suggested an appropriate range for non-pecuniary damages would be between $140,000 and $150,000. They referenced other cases, but the court said, “No two cases are identical, and each case must be decided on its own merits.”
Due to the loss of housekeeping capacity, it determined an appropriate amount for non-pecuniary damages valued at $210,000.
It also awarded $27,461 for past loss of earning capacity.
The largest amount came from her future loss of earning capacity, for which the court placed a value of $583,890.
The court also awarded $42,954 for the future cost of care and $3,729 for special damages.
In total, the B.C. Supreme Court awarded EM $868,034.
You can find the full decision on the B.C. Supreme Court website.
Daily Hive contacted Black Top and Checker Cabs for comment, but did not hear back.