reasons for judgment<\/a>. \u201cMultiple airbags deployed in the Kia and the front passenger seat belt tore because of the impact. The Kia suffered extensive front end and rear damage.\u201d<\/p>\nThe pickup also sustained extensive front-end damage with airbags deployed in it too. The crash was captured by dashboard cameras from the Kia and other motorists, the judge noted, \u201cmakes it clear that this collision was shocking and upsetting to those who observed it.\u201d<\/p>\n
Price was in a coma for a week and a half and wore a neck brace for six weeks. The PhD student in biochemistry suffered numerous injuries, among them a broken thighbone and hipbone, a severe foot injury requiring hardware to realign the bones, traumatic brain injury, a broken bone at the base of her skull, fractured vertebra, fractured ribs and a lung injury.<\/p>\n
Fang testified that bruising on much of her body took one or two months to heal.<\/p>\n
The court heard a motorist told police it appeared Meeks veered to the left as if he had passed out, though admitted this was a guess.<\/p>\n
The defence tendered evidence from a doctor and EHS attendance that it argued should help the judge to find supports Meek\u2019s claim he passed out likely because of a heart condition.<\/p>\n
The Crown claimed Meeks told another EHS attendant the crash was his fault and he was looking at a map.<\/p>\n
Harris was tasked with deciding if Meeks was unconscious leading up to or during the crash. She noted that Meeks testified he stopped at a light with about 10 vehicles in front of him going, glanced at his GPS and checked his mirrors.<\/p>\n
\u201cMr. Meeks testified the light turned green, traffic started to go forward and that was his last memory,\u201d the judge noted in her reasons. \u201cHis next memory was when he \u2018came to\u2019 in the vehicle which was after the motor vehicle collision. He said he did not know what had happened and said everything was confused and he could not really think. When he \u2018came to\u2019 he was bleeding from his forehead.\u201d<\/p>\n
During the trial Meeks was asked if he had intended to turn left at the intersection and and he replied no. He testified he does not have a memory of blacking out. \u201cI have an absence of memory completely,\u201d he told the court.<\/p>\n
A motorist who pulled over to help Meeks told the court she found him fully conscious and described him as alert and aware. She said he told her he didn\u2019t know how his truck got to that side of the road, didn\u2019t recall the crash, but was able to converse, didn\u2019t seem confused, but didn\u2019t recall being knocked out or unconscious.<\/p>\n
\u201cOn the totality of the evidence before me, I reject Mr. Meeks\u2019 evidence that he blacked out in the five seconds leading up to the collision and that he was blacked out at the time of the collision,\u201d Harris concluded. \u201cImportantly, Mr. Meeks himself acknowledges that he cannot say for sure whether he \u2018blacked out\u2019 before the point of impact.\u201d<\/p>\n
She found, however, that Meeks \u201chas no memory of the relevant portions of the accident.\u201d<\/p>\n
Harris noted that \u201call the witnesses in this trial say that Mr. Meeks was conscious within moments of the collision having occurred.\u201d<\/p>\n
\u201cThere is no evidence that Mr. Meeks lost consciousness at all aside from his one statement that he was \u2018out,\u2019 which must be considered in conjunction with his repeated comments that he has no memory of the collision.\u201d<\/p>\n
She concluded that in the five seconds leading up to the collision, based on data evidence before her, Meeks \u201cwas engaging and disengaging with the accelerator including ongoing pressure changes. He maintained a relatively consistent and slow speed. He engaged and disengaged his brake twice. In my view, to make those movements and actions, Mr. Meeks must have been conscious.\u201d<\/p>\n
\u201cOn all the evidence before me, Mr. Meeks\u2019 evidence that he was \u2018out\u2019 at some point in the five seconds leading up to the collision does not leave me with a reasonable doubt as to his consciousness at that time,\u201d Harris decided. \u201cWhen I consider the CDR evidence, the dashcam video evidence, and the evidence of those who dealt with him at the scene, I am satisfied that the Crown has proven that he was actually engaged with the brake, the gas and the steering throughout what would have been a good left-hand turn if he had completed it.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"A Surrey provincial court judge has found a driver who claimed he\u2019d fallen unconscious prior to a traffic…\n","protected":false},"author":2,"featured_media":573753,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[194299],"tags":[49,48,87674],"class_list":["post-573752","post","type-post","status-publish","format-standard","has-post-thumbnail","category-surrey","tag-ca","tag-canada","tag-surrey"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/573752","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=573752"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/573752\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/573753"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=573752"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=573752"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=573752"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}