A court case against ICBC was dismissed when the judge found no evidence that there was a second vehicle involved. (Black Press file photo)

Highway 1 accident case against ICBC dismissed

Judge finds no proof a second vehicle was involved in the accident

Judge Amy Francis dismissed a law suite against ICBC claiming damages that occurred from a car accident in December 2014.

The driver, Sophia Pakkala, claimed a semi truck veered into her lane forcing her off the road between Revelstoke and Crazy Creek Resort on the evening of Dec. 26, 2014. Unable to find the driver of the truck, Pakkala sued ICBC for damages.

However, Francis dismissed the claim in early June saying Pakkala failed to prove that there was in fact another driver and that they were at fault in the collision.

READ MORE: Liability found in 2010 fatal Highway 1 accident

There was only one other witness to the accident, Pakkala’s passenger and then boyfriend. His testimony was radically different to Pakkala’s and he claimed they decided to lie about the cause of the accident.

The judge also heard testimonies from the passengers’ mother and brother who picked up the duo and drove them home after the accident. It is unclear if the family members took the couple to the hospital or if a passersby on the highway took them.

The brother’s testimony aligned with the driver’s and the mother’s testimony aligned with the passengers, the judge said in her reasons for decision.

Two different experts in accident reconstruction looked at the case, both determined that Pakkala veered hard to the right but neither could confirm that another vehicle had been involved in the accident.

The judge also heard from the RCMP officer involved in the investigation. The accident had not been reported until the next day and the officer had no record that there was a passenger in the vehicle, which is a standard question they must ask.

READ MORE: Revelstoke man convicted of sexually assaulting drunk woman

“On all the evidence, I find that this was a single vehicle accident and Pakkala is solely at fault,” the judge said in her reason’s for judgment document.

Section 24 of the Insurance Vehicle Act allows for victims of accidents where there was property damage, injury or death to sue the insurance corporation when the identity of the driver or owner of the other vehicle is not known.

READ MORE: ‘Struggling to understand’: Family, UBC pay tribute to lecturer killed in northern B.C.


 

@JDoll_Revy
jocelyn.doll@revelstokereview.com

Like us on Facebook and follow us on Twitter.

Just Posted

UPDATE: Two more cannabis stores approved by Revelstoke City Council

Council will be discussing at their 3 p.m. meeting on Oct. 22

Arrow Heights residents create petition against proposed development on Hay Rd.

The developer is proposing a 65-unit project with a variety of housing options in Revelstoke

Gofundme page started for Revelstokian who lost home in fire

The fire occured on Oct. 14 in the Big Eddy

PHOTOS: Backyard construction led to propane leak and downtown blackout

Roughly 1,500 Revelstoke customers were impacted by the leak yesterday

Boil water notice lifted for some residents on the west side of Okanagan Lake

Two-hundred and seventy property owners in the Westshoe Estates Subdivision can now safely drink their water again

Girl power glows in Vernon STEM workshop

More than 100 students take part in STEM4Girls event

Beers on the job, smacking crotches: 10 police misconduct probes in B.C.

Recent report by the Office of the Police Complaint Commissioner highlights a number of investigations

Seizure of cannabis edibles, including mac-and-cheese, prompt warning from B.C. RCMP

Potato chips, cheesecake and candy infused with cannabis also seized back in August

B.C. parents sue city and province in 12-year-old daughter’s drowning at lake

Beverly Park drowned at Rotary Lake in Dawson Creek in August 2016

Halloween hauntings happening in the North Okanagan

From fireworks to fundraisers, events are planned this weekend and Oct. 31

Limited parking drives concerns for North Okanagan housing project

Public hearing scheduled for CMHA low-income expansion project proposal

Summerland curlers begin season on the ice

League action and bonspiels to continue into March

Penticton-bound plane forced to return to Vancouver

It’s the third flight in three weeks that has been unable to land at Penticton Regional Airport.

Most Read