The District of North Vancouver has been found negligent in the maintenance of a crosswalk where a seven-year-old girl suffered a severe traumatic brain injury after being struck by a vehicle in 2015.
In a recent judgment, a BC Supreme Court Judge ruled that the municipality failed to properly maintain vegetation around the East Braemar Road crosswalk, creating a hazard for both pedestrians and drivers. The court apportioned 70% of the liability to the District and 30% to driver William Neill, who was travelling approximately 70 kilometres per hour in a 50 km/h zone when his van struck the child, identified only as H.D., on the morning of June 12, 2015.
H.D. was crossing the street at the crosswalk near her home to attend Carisbrooke Elementary School when the collision occurred. She sustained a diffuse axonal injury affecting multiple areas of her brain.
According to the judgment, overgrown ivy, branches and leaves had created a “solid wall” that obscured visibility of the staircase and pathway leading to the crosswalk from the north side. The vegetation prevented drivers from seeing pedestrians approaching and limited pedestrians’ ability to observe oncoming traffic.
An arborist dispatched by the District after the accident removed the vegetation in one day at a cost of $1,050. District employees who attended the scene testified they could not see the pedestrian crossing sign due to overgrown vegetation and acknowledged the visibility issues presented a safety problem.
The court heard the crosswalk was known to be used by elementary school children and was located in an area where speeding was a concern. Community members had previously complained to the District about speeding vehicles and pedestrian safety at the location, but those concerns were not adequately addressed.
RCMP Constable Jana Jardine, the lead investigator at the scene, testified that the degree of vegetation coverage was concerning and communicated to the District that it needed to be addressed. The court found the District breached its duty to maintain the crosswalk in a reasonably safe condition, particularly given its use by children accessing the school.
“The District created a situation in which children were funnelled along a particular path to a specific crosswalk in order to access their school traveling by foot,” the judgment stated, noting the municipality had an ongoing obligation to attend to safety concerns.
Driver William Neill was found partially liable for failing to exercise due care. Accident reconstruction evidence indicated he was traveling at approximately 70 km/h when approaching the crosswalk and was moving at around 54 km/h at the point of impact. Expert testimony concluded that had Neill been driving at the 50 km/h speed limit, he could have avoided the collision with moderate braking.
The court awarded H.D. total damages of $3.63 million, including $350,000 for pain and suffering, $1.25 million for loss of future income, $2 million for cost of future care, and $30,000 in trust.
Now 17 years old, H.D. continues to experience effects from the brain injury, including ongoing headaches, fatigue, attention difficulties, memory struggles, depression and anxiety. Medical experts testified she has been diagnosed with a mild neurocognitive disorder, ADHD, major depressive disorder and generalized anxiety disorder as a result of the accident.
The court heard H.D. has struggled academically despite significant accommodations and continues to receive counseling for mental health issues. Medical witnesses testified she will require ongoing support throughout her life.
The judgment noted that while H.D. made an initial recovery and returned to school shortly after the accident, challenges became increasingly apparent as academic demands increased through elementary and high school.
District employees testified the municipality’s $70,000 annual budget for vegetation clearing assistance was limited given the challenges of maintaining growth in what one witness described as a rainforest environment on the side of a mountain.
There are so many dangerous crosswalks in North Van and DNV, and they don’t do anything until something like this happens. So sad!!