In the case of X V. Y, 2011 BCSC 944 (“X. V. Y.”), the Court determined the appropriate apportionment of liability for a serious collision that arose out of unique factual circumstances. The Plaintiff, Mr. X., was an R.C.M.P. officer who was responding to an urgent emergency situation after the collapse of an overpass on the Lougheed Highway in Coquitlam. The Plaintiff was riding a police motorcycle with lights and sirens activated when he was struck by the Defendant, Mr. Y., who was executing a U-turn to avoid backed-up traffic near the collapsed overpass.
The evidence of the case critically disclosed that the Plaintiff had activated his emergency lights and sirens and repeatedly sounded his air horn when responding to an active “Code 3” call. Code 3 calls require responding officers to activate their lights and sirens and proceed to the scene of the emergency at a safe and reasonable speed.