Damaged windshields and front end gravel marks are not uncommon sights on Calgary’s major roads but one Calgary woman is frustrated after her car was damaged by a huge rock that came from a Calgary Transit bus and the city is not accepting responsibility.
In April, Jennifer Morgan was driving eastbound along 9 Avenue Southeast, underneath Blackfoot Trail, following an out-of-service Calgary Transit bus when a large piece of debris struck her Volkswagen CC sedan. A camera mounted to the dashboard of Morgan’s car captured the incident and it appears a large rock was either dropped from, or propelled by, the moving bus.
Armed with the video evidence, Morgan was certain the city’s insurance would pay for repairs to her car. A letter from the city refuted her claim as Calgary Transit says the bus had been properly maintained and was not missing any parts. The city denied responsibility stating Morgan’s car was struck by ‘road debris’.
“Who’s responsible when your car gets wrecked or someone dies?,” questions Morgan of the city’s response. “Is it your insurance? The driver’s insurance? Nobody? I have no idea.”
CTV Calgary Consumer Watch Reporter Lea Williams-Doherty investigated Morgan’s situation and discovered owners of vehicles hit by debris, even if the driver has done nothing wrong, will likely be stuck with the repair bill.
Injury lawyer Chadwick Newcombe says it’s difficult for people to recover the cost of damages to their vehicles when debris is propelled from another vehicle.
The driver of the vehicle that propelled the object would only be legally liable if the object was intentionally hit or if there is evidence that any reasonable driver would have avoided the object. In the majority of cases, the law puts the loss on the victim.
“The reality of the situation is that the law is not going to hold someone to a standard of perfection,” said Newcombe. “They're not going to be required to avoid every piece of debris. If they do what they can to avoid it, they're not going to be held accountable.”
“Sometimes accidents just happen.”
With files from CTV's Lea Williams-Doherty
