Trial resumes for city worker charged in fatal collision

Erickson testified that he was removing snow that had built up on the median of the roadway by scooping it up with the loader, driving across three lanes of traffic and dumping it on the grass. He expressed concern that the melting snow would freeze on the road overnight, leading to black ice.

Defence expert says parts of LPS report were “misleading”

Collision reconstruction and investigation expert Daniel Ryan took the stand to start the day, saying he had concerns with the collision analysis conducted by the Lethbridge Police Service.

Cst. Brent Paxman testified earlier in the trial that he found sun glare likely played a part in the collision by limiting Johnston’s vision until he was too close to react to the loader that was stopped in his lane. It was partially based on a photo at the scene that was taken approximately half-an-hour after the collision.

“The documentation that existed did not accurately represent the position of the sun at the time of the crash,” said Ryan. He later called the photo “intensely misleading,” adding that it “gives one a distorted perspective.”

Ryan explained that based on his calculations, the sun would have been in a different position in the sky at the time of the collision and that the police photo and report exaggerated the effect of sun glare. Under cross examination from Crown prosecutor Bruce Ainscough, Ryan acknowledged that he could not say for sure whether sun glare was a factor. He said the best way to determine the sun glare would be to return to the spot very near the same time of year and at the same time.

When asked if he had attempted to return and conduct a re-enactment of the collision on Whoop-Up, Ryan said he had wanted to but that his original client – the City of Lethbridge – told him not to proceed as they didn’t feel it was necessary.

Ryan also touched on the testimony of numerous witnesses who reported that they narrowly avoided hitting the loader themselves. He said that based on average reaction times, about 12 car lengths of space would have been needed at minimum to avoid a collision – far higher than the estimates of some that said they had one-to-three car lengths before they saw the loader due to sun glare. Ryan noted that one witness reported seeing the loader while still on the bridge deck, giving them more than 30 seconds to take measures to avoid a collision.

Closing arguments

“He was obviously visible. People moved around him,” said defence lawyer Balfour Der, while making his final arguments to the court. He was referring to witness testimony from numerous other drivers who encountered the loader on Whoop-Up that day, and who expressed concerns for how it was being operated. Many said they could barely see it because of sun glare as they went up hill, with some stating that they narrowly avoided hitting it as well.

“None of them chose to slow down due to sun glare,” Der pointed out, adding that many of them noted they had been driving at about 90 km/h, which they felt was safe for the conditions.

After stating that Erickson got approval for the idea from his supervisors, Der also highlighted an email that Lee Perkins, the City’s transportation operations manager, sent out a couple of hours after the collision to several of his superiors, in which he said, “This is normal practice,” in regard to removing snow from the median on west bound Whoop-Up.

“Back peddling and butt covering.” – Judge Eric Peterson says as Crown discusses statement from the city’s transportation manager

Following the defence, Ainscough addressed Perkins’ testimony, pointing out that Perkins later said he didn’t think he was “in the right frame of mind” when he wrote it. To that, Judge Eric Peterson replied, “Back peddling and butt covering.”

As Ainscough proceeded, Peterson stopped him several times, with several questions about the responsibilities of other drivers.

“I’ve heard so many [witnesses] say they drove by at 90 km/h and didn’t think they needed to slow down,” said Peterson. “Do they not have an obligation to make sure they can safely navigate the roadway?”

After agreeing that other motorists do need to be responsible for their own actions, Ainscough stated that most don’t expect a loader to be stopped on Whoop-Up at that time of day. He also said there should have been warning measures put in place, such as pilot vehicles or signs – in addition to the flashing lights and slow-moving sign on the loader itself.

“It seems ludicrous to me, what he was doing,” said Ainscough. “I could not think of a more dangerous scenario than that.”

Decision adjourned

Having heard everything from the two sides, Peterson explained that he would need time to review all of the evidence and consider their arguments.

After canvassing dates, it was agreed that Peterson would deliver his verdict on July 27.

by Patrick Burles - @PatrickBurles on Twitter

Trial resumes for city worker charged in fatal collision

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