From the Langley Advance, February 8, 2005
Zero Avenue: Crash victim gets millions
A man whose knees were destroyed in a
crash in Langley three years ago has been awarded $3 million, and a
resident of Zero Ave. said his case is just one of many to happen on the
road.
The victim of a car accident on Zero
Ave. will receive millions of dollars in what is believed to be record
settlement.
Richard MacNevin, a 54-year-old from
Delta, has been awarded $3 million by a B.C. Supreme Court jury for the
serious knee injuries he suffered in a head-on car crash three years
ago.
The $2.975 million award included $2
million for MacNevin's pain and suffering.
MacNevin was on his way to work on Jan.
11, 2002, when he was hit by a truck that crossed a double yellow line
and tried to pass three vehicles on Zero Ave.
The truck driver got an $85 traffic
ticket for speeding.
MacNevin now needs knee replacement
surgeries every five years for the rest of his life, said his lawyer,
Joseph Prodor.
Although MacNevin is in a relatively
small amount of pain, "all the doctors agree this is the least amount of
pain he will suffer," Prodor said, adding that MacNevin will likely be
unable to work as he gets older.
Prodor believes that the eight-person
civil jury may have been impressed by MacNevin's work ethic.
The crash victim, who services water
bombers for Cascade Aerospace, returned to his job on June 1, 2002, and
within four months was working five days a week. However, pain forces
him to spend a fair portion of each shift lying down in the company's
infirmary.
Prodor said he searched court records
and did not find any awards for damages as high as MacNevin's in a case
that didn't involve a catastrophic head injury, paraplegia, or
quadriplegia.
He expects that ICBC, which defended
the truck driver, will likely appeal the jury's decision.
MacNevin's accident is "eerily similar"
to one that occurred on Saturday, Jan. 15 of this year, said Zero Ave.
resident Trudy Handel, when a pickup truck crossed into the path of an
oncoming car, killing a man from Las Vegas.
A few days earlier, on Jan. 6, charges
of unsafe passing and driving too fast for road conditions were laid
against the driver of a 1989 Volkswagen Jetta, after it hit an oncoming
car on Zero Ave.
"On a daily basis, we see cars on Zero
Ave. pulling out and passing multiple cars - sometimes five or six at a
time," said Handel. "They are speeding, and they have no qualms at all
about passing on double solid lines."
"This is not an occasional thing. It
happens every single day, particularly in rush hour down here," she
said.
- with files from The Province
Our View: Financial terms
$3,000,000 for a couple of knees!
Perhaps that will get people thinking about speed limits on Zero Ave.
But probably not. People who roar along
Zero Ave. aren't likely thinking about what they're doing - and
certainly they're not thinking about what they're doing while they're
pulling out to pass a whole row of vehicles heading up a blind hill.
Witnesses declare that sort of thing
happens on Zero Ave. quite regularly. And there have been plenty of
accidents, some of them merely serious, others fatal, that bear out
their reports.
That kind of thoughtlessness -
stupidity, really - isn't restricted to Zero Ave., of course. But the
numbers do seem to indicate that it happens there a lot.
Whether or not the speed tables being
installed on Zero Ave. - an effort by Township Council to convince more
motorists to behave themselves - have the desired effect of making
drivers think, the B.C. Supreme Court's award of $3,000,000 to a
54-year-old Delta man who was injured on Zero Ave. three years ago
should give everyone with a pocketbook pause for thought.
Without doubt, a significant part of
the problem of speeding drivers goes back to the Lower Mainland's
clogged and substandard road system. Seriously, people wouldn't be going
so far out of their way to make up time by roaring along Zero Ave., if
they could move along at a decent pace on freeway routes that are
supposedly designed for quick and straightforward vehicle transit.
Strictly in financial terms, think of
how much road work could be done for the price of each of Mr. MacNevin's
knees. Add in the cost of all the other knees, legs, backs, necks, and
lives that have been broken as result of driver aggravation brought on
by an inadequate system of getting people from here to there.
People shouldn't speed on Zero Ave. or
anywhere else.
But the roads should be better.
It would pay to improve the roads
before the courts address the damage.
And that's just strictly in financial
terms.
- B.G. |