A North Vancouver woman who suffered serious injuries after the bus she was riding stopped suddenly, throwing her to the floor, has been awarded more than $350,000 in damages.
Marie Helene Tchir, 65, was riding a TransLink bus on Lonsdale Avenue on April 6, 2009, when the driver was forced to brake hard to avoid crashing into a car that had stopped
abruptly in front of the bus.
Tchir, who described that as "like hitting a brick wall" in court, was thrown from her seat and landed on the floor.
Tchir suffered injuries including a shoulder tear that later required surgery as well as damage to her right knee, soft tissue injuries, plus anxiety and depression.
She was unable to continue working at her job as a caretaker of a residential condo tower. Because she and her husband had been hired as a couple, he also lost his job and they had to move.
B.C. Supreme Court Justice Barry Davies noted Tchir had to take several different pain medications after the accident, which impacted her life outside of work as well.
Transit authorities, represented by the South Coast British Columbia Transportation Authority and the Coast Mountain Bus Co., argued in court that they shouldn't be held responsible, saying there was no direct evidence of negligence and it was only speculation that the bus driver was travelling too fast.
But the judge disagreed, saying drivers must make sure there is enough distance between their vehicle and those in front so they can stop if something unexpected happens. That's even more true for bus drivers, especially on a bus that included people standing and at least one stroller, Davies noted. Davies added the bus driver knew he was following an erratic driver, but didn't slow down soon enough.
The award of just under $353,000 includes $94,000 for lost wages and $120,000 for loss of future earning capacity as well as payments for past and future medical expenses.
