HERGOTT: Don’t believe in blind luck while driving

HERGOTT: Don’t believe in blind luck while driving

Lawyer Paul Hergott’s latest column

“Holy Mary Mother of God”. Though it was about 25 years ago, I remember the moment my mother uttered those words like it was yesterday.

She was getting back into driving. I was along for support.

We were stopped facing a stop sign at 13th Avenue, a busy street in Regina, Saskatchewan. Parked cars along our side of 13th avenue blocked our view.

Her words did nothing to calm my panic when she hit the gas.

My mother was not intending to put us, and others, at risk. She felt it unsafe to pull forward past the stop sign to look for a safe break in traffic because that, in itself, might put us in harm’s way.

She thought it safer to just quickly go for it.

We made it across. Divine intervention? I think blind (literally) luck.

A “Jesus take the wheel” approach to stop signs is (I hope) an exceedingly uncommon one.

But there are much more common scenarios where we think nothing of proceeding completely blind towards potential hazards.

The scenarios I am referring to arise when one lane is flowing while another lane (or lanes) have come to a stop.

This regularly occurs with HOV lanes. Only those with more than one occupant can cruise past while others are gridlocked.

It also occurs when a left turner, waiting for oncoming traffic to clear, blocks traffic coming from behind. Traffic will move over to the right to get past. Often even if there isn’t a designated lane.

If the stopped vehicles are low profile sports cars you can see over, no problem.

But stopped traffic often blocks your view of what might be happening ahead of it. And vice versa.

An oncoming left turner, or crossing driver, might be taking the opportunity to make their way across the street in front of the stopped traffic.

They might have been waived across by a lead stopped vehicle.

They might be slowly inching forward, aware of the possibility that a vehicle might be coming up the curb lane. Or they might be oblivious.

It might not be a vehicle. It might be someone walking their dog, pushing a stroller, out for a jog, on a bicycle or roller blading.

You can’t see them. They can’t see you. Each of you is as blind to potential hazards as my mother was when facing that stop sign.

And each of you faces the same choice.

You can choose to reduce your speed and increase your vigilance so that you can react safely. Or you can rely on divine intervention.

Do you, cruising up the empty curb lane, have the absolute right of way? What about the pedestrian at an unmarked crosswalk? What if the crossing vehicle, facing a stop sign, had slowly started across when you were still half a block away? Over the next two columns I will be sharing the results of actual court cases where judges have wrestled with how to assess liability in these scenarios.

But who cares about liability? Let’s care about safety this Season, and for all of 2020. Embrace whatever higher power you might embrace, but please don’t let them take the wheel.

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Pixabay)
‘We need to be empathetic’; Kelowna support worker speaks out after disabled individual denied haircut

Individual with severe autism denied service at a Kelowna hair salon for not wearing mask

Parents are urged to be on alert after a potential child abduction attempt took place near Armstrong Elementary School Friday, Nov. 27, 2020. (amsas/neden photo)
Possible child abduction attempt at Armstrong Elementary School prompts warning

A letter from the school’s principal urges parents to be on high alert

Addie Pafiolis with her son, Theo, who died just five days after his birth due to a heart condition in 2017. For the past four years, Addie and her husband Chris have been supporting local families around the holiday season in Theo's memory. (Contributed)
Lake Country couple supporting local families in son’s memory this Christmas

Theo Pafiolis was five days old when he passed away due to a heart condition; now, his parents are supporting others in his name

The staff at The Roster are excited to give back with the sports club’s Dish Out the Kindness fundraising initiative in support of the Upper Room Mission and the Starfish Backpack program. (Jennifer Smith - Morning Star)
Vernon sports club dishes out kindness

Upper Room Mission and Starfish Backpack Program will benefit from The Roster sales

Kelowna Fire Department. (Phil McLachlan - Capital News)
Farm animals safe after Kelowna barn catches fire

The fire was started after animals knocked over a heat lamp; the barn was consumed

Mary Cox and Jack Plant dance in their pyjamas and slippers at the morning pyjama dance during the Rhythm Reelers’ 25 Annual Rally in the Valley Square Dance Festival in Chilliwack on June 4, 2011. Sunday, Nov. 29, 2020 is Square Dancing Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Nov. 29 to Dec. 5

Square Dancing Day, Disability Day and International Ninja Day are all coming up this week

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

British Columbia provincial health officer Dr. Bonnie Henry wears a face mask as she views the Murals of Gratitude exhibition in Vancouver, on Friday, July 3, 2020. THE CANADIAN PRESS/Darryl Dyck
COLUMN: Anti-maskers’ message misses the mark

Following COVID-19 restrictions now could determine just how happy our holidays are

The Interior Wildfire Rehabilitation Society is looking for 10-15 acres to house a rehab centre for injured and orphaned wildlife like deer and moose calves. (Black Press file photo)
Okanagan group look for property to house wildlife rehab centre

The Interior Wildlife Rehabilitation Society is looking for 10 acres for injured/orphaned animals

Dentice di Frasso, a member of Italian nobility, once owned land in Summerland. (Contributed)
Italian nobility family once lived in Summerland

Dentice di Frasso and his family owned land in the Prairie Valley area

114 Canadians were appointed Nov. 27 to the Order of Canada. (Governor General of Canada photo)
Indigenous actor, author, elder, leaders appointed to Order of Canada

Outstanding achievement, community dedication and service recognized

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Summerland residents have been receiving a telephone scam with the number showing as the telephone number of the local RCMP detachment. (Black Press Media files)
Summerland RCMP telephone number spoofed in scam calls

Number used in scam attempts from tax agency

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Most Read