7141 replies to this topic

[exc911ence]

So Eric Gosse was eventually found guilty of Dangerous Driving Causing Bodily Harm and sentenced to a 5 year driving ban and 60 days in the pokey. 

 

He appealed his conviction but the judge denied his appeal yesterday.

 

If you are looking for Mr. Gosse, I think you will find him in the pokey.

 

Only 60 days in jail for trying to kill a person with a 4000lb weapon? You can go away longer for speeding on an empty road. 

 

The system works!     

Edited by exc911ence, 20 September 2017 - 06:00 PM.

[m3m]

So Eric Gosse was eventually found guilty of Dangerous Driving Causing Bodily Harm and sentenced to a 5 year driving ban and 60 days in the pokey. 

 

 

 

This was a weird case.  Guy was charged with assault with a deadly weapon and in the end, it ends up as little more than any old traffic accident, albeit with some devastating consequences.  The media made it out to be some huge road rage incident and the trial of the century. At least until the sarah beckett case came along, then I never heard about it again. 

[Willy]

Despite Gosse's obvious culpability, I find it interesting that Broda is going after him in civil court. Not sure what that is going to accomplish but he is clearly angry and looking for payback. Knowing that there was no civil case against Broda when he ran over that little boy, I think it says a lot about his character.

[Bingo]

Despite Gosse's obvious culpability, I find it interesting that Broda is going after him in civil court. Not sure what that is going to accomplish but he is clearly angry and looking for payback.

Knowing that there was no civil case against Broda when he ran over that little boy, I think it says a lot about his character.

 

Broda's previous case has nothing to do with the case with Gosse, and would be inadmissible as evidence in any proceedings, so there is no point in trying to besmirch Broda on here.

[VicHockeyFan]

Despite Gosse's obvious culpability, I find it interesting that Broda is going after him in civil court. Not sure what that is going to accomplish but he is clearly angry and looking for payback. Knowing that there was no civil case against Broda when he ran over that little boy, I think it says a lot about his character.

 

There was a civil case against Broda.  But his insurance company indemnified him, as they do in accidents.

[Sparky]

Despite Gosse's obvious culpability, I find it interesting that Broda is going after him in civil court. Not sure what that is going to accomplish but he is clearly angry and looking for payback. Knowing that there was no civil case against Broda when he ran over that little boy, I think it says a lot about his character.

 

First of all welcome to vibrantvictoria Willy. Interesting first post.

 

The courts have found Gosse to have committed a crime. (otherwise he wouldn't be in jail right now)

Ron Broda's incident with the "little boy" was an accident, not a crime. You would have to agree that there is a big difference between the two situations.

 

Ron Broda has incurred a substantial amount of expenses that he will need to recover, not to mention the lifelong physical challenges that come with loosing a leg. 

 

How can you suggest that his course of legal restitution has anything to do with his character? 

[Willy]

First of all welcome to vibrantvictoria Willy. Interesting first post.

 

The courts have found Gosse to have committed a crime. (otherwise he wouldn't be in jail right now)

Ron Broda's incident with the "little boy" was an accident, not a crime. You would have to agree that there is a big difference between the two situations.

 

Ron Broda has incurred a substantial amount of expenses that he will need to recover, not to mention the lifelong physical challenges that come with loosing a leg. 

 

How can you suggest that his course of legal restitution has anything to do with his character? 

Thanks for the welcome. As stated in my post I do not dispute Gosse's culpability nor the need for punishment. I was given to understand that the accident in which Broda was involved as a truck driver did not result in civil proceedings, with the explanation that "this is what insurance is for". I am trying to understand how the current situation is different. Wouldn't Broda be eligible for due compensation through ICBC? I sense that beyond the need to recover costs Mr. Broda is out to punish Mr. Gosse, and I find that unfortunate.

[Willy]

Broda's previous case has nothing to do with the case with Gosse, and would be inadmissible as evidence in any proceedings, so there is no point in trying to besmirch Broda on here.

See my reply to Sparky above. I don't know either men and therefore not invested in the outcome of the situation, I am merely pondering a few things with the information that is available. Given Sparky's response I take it that some of the public information is misleading.

[Rob Randall]

I really dislike the term "accident", like it was an act of God or something. Broda was convicted of driving without due care and attention and was fined by the courts. However, Broda was a rookie driver and there was no evidence he was driving in a reckless manner and he expressed great grief and remorse at the time.

 

Unlike Broda, Gosse had intent to injure, according to prosecutors.

[VicHockeyFan]

Let me spell it out to you.

When I crash into you and it's my fault, you actually sue ME for damages, technically. ICBC steps in on my behalf as my insurer and covers me.

When you crash into me with criminal intent and it's your fault, I sue you. ICBC will cover me, since it's not my fault. BUT, since I've lost my leg and I think damages are more than ICBC offers me, the case continues on. AND ICBC may look at you and say "your insurance is invalid since at the time you were committing a criminal act with you car (like how they deny insurance in drinking driving crashes)."

So the legal case gets even more complex.

[Willy]

Let me spell it out to you.

When I crash into you and it's my fault, you actually sue ME for damages, technically. ICBC steps in on my behalf as my insurer and covers me.

When you crash into me with criminal intent and it's your fault, I sue you. ICBC will cover me, since it's not my fault. BUT, since I've lost my leg and I think damages are more than ICBC offers me, the case continues on. AND ICBC may look at you and say "your insurance is invalid since at the time you were committing a criminal act with you car (like how they deny insurance in drinking driving crashes)."

So the legal case gets even more complex.

No doubt everyone is looking forward to getting some questions answered during the civil trial. I understand the whole story was not told during the criminal trial (presumably it was not needed to come to a determination about Gosse's culpability)

[Sparky]

^^^^ Thank you for your reply Willy. 

 

I certainly am no expert, but when I was involved in a major accident, my lawyer still filed a civil suit against the other driver. ICBC then pays for whatever costs the courts decide. 

 

I think the procedure is that if the "incident" was of a criminal nature, then ICBC doesn't pick up the tab. I could be wrong, but I think civil litigation is the only way for Broda to receive compensation outside of what might be available to him through ICBC under the "uninsured" insurance portion. 

[Sparky]

^^ Yes, neither Gosse or Broda testified.

 

The facts were laid out as they were found by the authorities, experts, and lawyers.

[VicHockeyFan]

If you are looking for damages over $200,000 ICBC insists you litigate to the fullest against the at-fault driver, even if you have additional insurance.  $1M coverage you already have, and you may have more if you bought it.  But it's "last resort" coverage so you have to sue first, look to ICBC after you have your judgement, if the at-fault driver can't pay.

Edited by VicHockeyFan, 21 September 2017 - 01:15 PM.

[Rob Randall]

Serious incident between a black Volvo and a bicycle this morning. The car turned northbound onto Quadra from Topaz and collided with a southbound commuter cyclist, sending the rider airborne. Injuries unknown.

[Rob Randall]

^No serious injuries to that cyclist according to the Victoria News.

 

Meanwhile, a few minutes ago a Waste Management garbage truck plowed into the back of a white Ford Fusion on Fort Street by Quadra.

 

A bus was pulling out of the stop and the Fusion braked to allow it into the lane and the garbage truck following was racing through the intersection to make the light and hit the Ford, pushing it forward several metres according to witnesses.

 

The only injuries are to area pedestrians' sense of smell as the fire department spreads absorbent material on the ground to soak up the substantial amount of garbage juice.

 

edit: I am told the fluid is probably hydraulic fluid as it's coming from the front of the truck. Still smells bad.

 

Edited by Rob Randall, 30 September 2017 - 01:47 PM.

[VicHockeyFan]

http://www.youtube.com/watch?v=rmVsqpZWzLU&feature=youtu.be

 

I'm not sure how ICBC will see this, but I still think the car is being a selfish, dangerous jerk but the truck is at fault.

 

What I do know is that this crash is 100% preventable and on the worst weather day of the fall, everyone should have been thinking smarter.

 

Crash is at 1:30.

Edited by VicHockeyFan, 19 October 2017 - 09:00 AM.

[lanforod]

Jeepers. The car should have stopped, and had plenty of room to stop, but the truck also should not have proceeded until certain the car was stopping/stopped.

[VicHockeyFan]

Jeepers. The car should have stopped, and had plenty of room to stop, but the truck also should not have proceeded until certain the car was stopping/stopped.

 

Yup.  The truck should not have worried so much about the light changing.  His coming cross traffic is at 0 kmh when he turns, they are not the danger.  Oncoming traffic is the danger still.

Edited by VicHockeyFan, 19 October 2017 - 09:42 AM.

[Rob Randall]

It all boils down to the fact that you cannot enter an intersection unless it is safe to do so, regardless of whether you have the right-of-way or not.