Whitehorse Daily Star

Pedestrian sues cabbie, company over accident

A Whitehorse man is suing a local taxi firm and one of its drivers for running him over while he was crossing a street.

By Whitehorse Star on June 12, 2018

A Whitehorse man is suing a local taxi firm and one of its drivers for running him over while he was crossing a street.

Vincent Charlie’s lawsuit against Binerjeet Chauhan and Premier Cabs was filed in Yukon Supreme Court on June 1. Charlie’s lawyer is Daniel Shier.

According to the statement of claim, the accident in question occurred on Feb. 8 of this year when Charlie was standing outside the Salvation Army shelter on Alexander Street.

Charlie alleges that Chauhan, who was driving the cab, deliberately struck him. His lawsuit is focusing on damages as well as alleged negligence.

According to the claim, Charlie argues several causes. He alleges that Chauhan failed to keep a proper lookout, drove without care or attention, failed to take proper steps to avoid an accident, and failed to drive in a prudent manner.

He alleges that Chauhan drove at an excessive or improper speed, drove while either under the influence of either alcohol, drugs or fatigue, and drove without effective brakes or failed to brake in time to avoid the accident.

He alleges the cab driver failed to keep control of the vehicle, drove with faulty steering apparatus and tires, failed to yield the right of way to a pedestrian lawfully walking on a sidewalk, and drove while distracted.

Focusing on Premier Cabs, Charlie argues negligence. He claims that Premier Cabs let an inexperienced or unqualified driver operate one of its vehicles.

In court documents, he says the company should have reasonably known Chauhan drove the cab in a state of drowsiness, was not informed of manoeuvering abilities and the stopping and braking of the vehicle, and that the taxi itself was defective. He claims the vehicle had not been fixed in a timely manner.

Charlie sustained several injuries, some of which he still suffers from.

He fractured his right knee, and suffered musculoskeletal injuries, laceration abrasions and contusions and psychological issues.

Medical treatment for these injuries continues. He argues that these injuries have led to an overall loss of his quality of life.

He argues that the injuries have impaired his ability to partake in domestic, social and recreational activities.

As part of his pursuit of damages, he is suing both parties over a loss of income and loss of earning capacity.

Charlie is also seeking medical costs as per the Hospital Insurance Services Act and Health Care Insurance Plan Act.

Comments (7)

Up 2 Down 4

Torn A. Sunder on Jun 14, 2018 at 5:38 pm

Wow....Charlie should get into a mechanic's gig. If you can pick out all those deficiencies simply by being struck by a car...well...you're a natural.

Up 3 Down 2

woodcutter on Jun 14, 2018 at 4:12 pm

@ Lennie

if your in a position to observe everyone stumbling around, then you must be aware to be careful when you drive there since you're about to enter a school zone. Now imagine if this cab, which was not road worthy, and this cab driver, who was not paying attention hit a child trying to cross the street.

Would you still not feel sorry for the pedestrian?
Technically he should have been doing approx. 30km hour and he should have been extra vigilant because he is entering a school zone, and being a professional driver should have been aware that this area is a hi risk area.

I've driven by that spot for over 30 years and never run into anyone, because I am careful and considerate and I maintain my vehicle.

Up 9 Down 1

Lennie on Jun 13, 2018 at 5:06 pm

It is darned difficult to feel sorry for those pedestrians at this particular intersection. They are constantly stumbling all over at all times day or night. This intersection needs better warnings similar to those on 2nd and In front of Tags but I suspect the pedestrians are too inebriated to use them.
Also, this cab company is most dangerous. I have reported them to the RCMP for speeding, running red lights, cutting us off by swerving lane to lane, and using their cell phones. Nobody there was interested in doing anything, even after I told them I can identify the driver and would gladly testify in Court.

Up 16 Down 4

My Opinion on Jun 13, 2018 at 3:39 pm

Not knowing the facts I can't totally excuse the driver, however I have seen the regulars of the Salvation Army just walk out in front of traffic at that intersection everyday.

Up 14 Down 0

woodcutter on Jun 13, 2018 at 10:50 am

why I am not surprised that it's this cab company?

Up 13 Down 3

Yukoner on Jun 13, 2018 at 9:03 am

So Charlie alleges that Chauhan, who was driving the cab, deliberately struck him but also he alleges that Chauhan failed to keep a proper lookout, drove without care or attention, failed to take proper steps to avoid an accident, and failed to drive in a prudent manner.

Seems like this is an either or, you were driving without care or you mean to hit the person not both.
Not trying to excuse the incident but the lawsuit seems like it needs a bit more direction.

Up 16 Down 5

Hope he wins on Jun 12, 2018 at 8:16 pm

Hope that Charlie wins. Sick and tired of some of the poor driving I see by cab drivers

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