Originally Posted by
Scottish2008
I have worked with the RCMP and I am on the east part of Canada. Yes the RCMP can do something for the fact that a pedestrian got injured from a vehicle in motion. The police can investigate this matter. Look I am not here to argue I just added advise.
I assure you that from the sounds of what was stated the driver is at fault.
If you see different please tell my why?
Also not here to argue - disagreeing with your conclusions doesn't mean I'm arguing with you, just stating my opinion - which I believe I said is true in NYS, possibly in Canada.
This is a September 2007 accident - the RCMPs are not going to get any more involved now than they were then and they are not the final word in accident investigations. They are after the fact witnesses, just like anyone else who pulls onto the scene following the accident and didn't actually see it. It is possible that the RCMPs you work with are more cooperative about civil lawsuits than those I have worked with.
And, yes, I have worked in Canada -
Your questions such as how many people were in the car, the distance the driver her speed,
who the designated driver was (?) (it doesn't matter - he was on the hood), whether the driver was acting recklessly, are immaterial to this type of accident investigation unless the driver is alleging this is not how the accident happened and that he either fell off for no reason without her behind the wheel OR he was a pedestrian and she ran him over.
If someone is on the hood of your car you cannot dislodge him - by starting and stopping, by driving away, by any means, at any time, at any speed. And if you don't realize the person is on your car - front, back, side - you are negligent for not noticing. The driver had an even higher standard of care if she realized he had been drinking - or was intoxicated.
Every year I do at least 3 of these accidents - most of them people who jump into the beds of pickup trucks - and "kids" never seem to learn it is not a good idea. I also worked one fatality last year, almost the same scenario.
And legal aid does not represent people for personal injury.
Again - I cannot specifically address Canada but these are the rules "here" and I would think they are pretty universal. If you have contradictory info, I am always open to hearing it.