A10 www.kelownacapnews.com Thursday, December 26, 2013 Capital NewsC NEWS ▼ PERSONAL INJURY LAW Why won’t we take driving a vehicle seriously? A s I came down the stairs at the office, feeling the bounce of my belly excess, I realized that it was New Year’s resolution time once again. Spending time on the weekend meeting with yet another injured victim of a car crash, I also reflected on the unending tide of road traffic victims and the impotence I have felt in my One Crash is Too Many campaign to stop that tide. While the bounce of my belly might be more deserving of my attention, nobody wants to read about that in this column! I have identified a simple lack of focused attention on driving as our key road safety problem. I have proposed that changing driving attitudes to resolve that problem would largely eliminate ACHIEVING JUSTICE Paul Hergott road traffic incidents. I am no expert in changing driving attitudes, but I came up with the “10 and 2” initiative to help do just that. I have also identified what I think is the reason why we don’t take driving as seriously as we might take the handling of a circular saw or other dangerous piece of equipment. We are led to believe that driving is a safe activity, that except for those big, fiery crashes that happen to “someone else” there are no serious consequences to being in a crash. Car manufacturers boast about crash safe- ‘‘ WE ARE LED TO BELIEVE THAT DRIVING IS A SAFE ACTIVITY, THAT EXCEPT FOR THOSE BIG, FIERY CRASHES THAT HAPPEN TO “SOMEONE ELSE” THERE ARE NO SERIOUS CONSEQUENCES TO BEING IN A CRASH. ty ratings, implying that seatbelts and air bags will protect us from serious injuries. The media pro- vides regular reports of crash upon crash upon crash, noting that there were no injuries or no “serious” injuries. Where is the motivation to focus your attention on driving if you are continually reminded that you are driving in an air-bag-protected bumper-car where you are unlikely to sustain anything of a serious injury in a crash? I know, and anyone in the medical field will agree, that people regularly suffer chronic, often functionally limiting, sometimes debilitating, pain arising from “run of the mill” car crashes. I’m talking about the rear-enders and such that we see on our streets and roads every day. ICBC’s “community snapshot” for Kelowna notes that someone is UPCOMING ROUTES AVAILABLE 3 DAYS A WEEK / NO EARLY MORNINGS / NO WEEKENDS Kelowna North & Glenmore #KC01005600 – 75 Papers Bernard Ave. 700 to 1099 Odd Side Only, Ethel St. 1500 to 1699, Gordon Dr. 1500 to 1698 Even Side Only, Lawrence Ave. 700 to 1099, Leon Ave. 700 to 1099 #KC04000303 – 74 Papers Rio Dr. S. 309 to 417, Woodcrest Crt, Woodwind Crt. #KC04000903 – 32 Papers Caldow St. 725 to 737, Lindsay Dr. 1651 to 1702, Markham Crt, Spruceview Pl. S. 624 to 648 #KC04001801 – 50 Papers Biggar Rd. 167 to 203, Crossridge Cres. #KC04002201 – 47 Papers Drake Rd, Henkel Rd, Kathler Rd, Kerr Rd, Snowsell St. N. 114 to 190 #KC04002600 – 42 Papers Ayre Ave, Ayre Crt, Glen St, Lynwood Cres, Macleay Crt, Clifton Rd. 800 to 999 #KC04006000 – 35 Papers Parkinson Way 1870 & 1891, Ufton Crt. 1645 to 1870 #KC04020102 – 23 Papers Dilworth Dr. 980 Only Kelowna South & Mission #KC03012900 – 48 Papers Favell Crt, Raymer Rd. 700 to 786, Raymer Rd. 4505 to 4590, Schamerhorn Crt, Wasilow Rd. #KC03013001 – 51 Papers Anhalt Rd, Harmony Crt, Horak Rd, Nathan Rd, Gordon Dr. 4500 to 4599 #KC08002410 – 52 Papers Beverly Pl. 3012 to 3090, Brookfield Crt, Graymar Rd, Westbrook Dr, Westview Rd, Ogden Rd. 800 to 999, Thacker Dr. 2927 to 3010 #KC03013201 – 60 Papers Berk Crt, Buck Rd, Vance Ave, Gordon Dr. 4611 to 4693, Darin Crt. 4647 to 4697 #KC08002510 – 71 Papers Boucherie Rd. 3110 to 3191, McCartney Rd, Montigny Rd, Wales Rd, Thacker Dr. 3015 to 3131 #KC03013402 – 46 Papers Crawford Rd. 1415 to 1535, Mission Ridge Dr. 1383 to 1549, Mission Ridge Rd, Westridge Dr. 4570 to 4590 #KC08002710 – 30 Papers Sunnybrae Rd, Sunnyside Rd. 959 to 1197, Sunnyside Rd. 3376 to 3396 #KC03013603 – 59 Papers Canyon Falls Crt, Canyon Ridge Cres, Canyon Ridge Crt, Canyon View Crt, Mid Ridge Crt, Westridge Dr. 4920 Only #KC08002810 – 65 Papers Allison Pl, Aubrey Rd, Bazett Rd, Holmes Rd, Kelly Dr, Perley Rd, Willis Rd, Sunnyside Rd. 3333 to 3356 #KC03013604 – 38 Papers Elridge Crt, Parkridge Dr. 4705 to 4847, Parkridge Pl, Sunridge Crt. #KC08003011 – 39 Papers Menu Rd. 1105 to 1181 Odd Side Only, Neale Rd, Saturn Rd, Ourtoland Rd. 3000 to 3099 #KC03014204 – 53 Papers Benmore Crt, Benmore Pl, Burnell Crt, Dougherty Ave. 630 to 672, South Ridge Dr. 5161 to 5251 #KC08003012 – 53 Papers McCallum Rd, Menu Rd. 1108 to 1152 Even Side, Menu Rd. 1240 to 1435, Timothy Pl, Topham Rd. #KC03014301 – 37 Papers Phoebe Crt, Raven Dr, Tanager Crt, Tanager Dr. #KC08003110 – 16 Papers Ogden Rd. 1000 to 1099, Ourtoland Rd. 2790 to 2999, Trevor Dr. 1070 to 1129 #KC03016704 – 51 Papers Arbor View Dr. 566 to 699, Almandine Crt. #KC02007802 – 45 Papers Ethel St. 2054 to 2130, Glenwood Ave. 700 to 899 #KC03016706 – 47 Papers Albers St, Devonian Ave, Peridot Crt, Peridot Pl. #KC02008103 – 37 Papers Guisachan Rd. 1130 to 1380, Hoy St, McBride Rd. 1180 Only, Stillingfleet Rd. 2123 to 2265, Stillingfleet Crt, Turri Ave. #KC03058903 – 20 Papers Cavell Pl. 438 to 454, Hedeman Crt. 5320 to 5411 #KC02008500 – 23 Papers Birch Ave. 528 to 662, Christleton Ave. 529 to 682, Pandosy St. 2311 to 2363 Odd Side Only, Richter St. 2386 Only #KC02008801 – 69 Papers Campus Crt, Grenfell Rd. 922 to 960, Grenfell Rd. 2309 to 2695, Morrison Ave. 900 to 999 #KC02008802 – 51 Papers Ethel St. 2301 to 2775, Grenfell Crt. #KC02009500 – 102 Papers Curts St, Kinnear Ave, Kinnear Crt, McKay Ave, Osprey Ave. 500 to 699, Pandosy St. 2689 to 2695 Odd Side Only, Richter St. 2571 to 2749, Wardlaw Ave. 500 to 896 Rutland South & Rutland North #KC05024402 – 73 Papers Kloppenburg Rd, Kloppenburg Crt, Lynrick Rd. 1857 to 1918, McMeeken Rd. #KC05025011 – 39 Papers Cathy Crt, Oswell Dr. 1332 to 1620, Oswell Lane #KC06026901 – 71 Papers Hartman Rd. 130 to 465, Maygard Rd. 935 to 970, Richards Rd, Solly Crt. West Kelowna #KC02010000 – 42 Papers KLO Rd. 1000 to 1155, Lowe Crt. #KC07001112 – 64 Papers Devon Crt, Devon Rd, Hants Rd, Somerset Rd, Somerset Crt, Surrey Rd, Sussex Rd. #KC02010200 – 31 Papers Abbott St. 2901 to 3095, Cedar Ave, Groves Ave. 400 to 499, Newsom Ave. #KC08001312 – 27 Papers Tomat Ave. 2005 to 2030, Abel St. Abel Pl. #KC03011401 – 147 Papers Bird Pl. 3788, Capozzi Rd, Cook Rd, Gordon Dr. 3802 to 3818, Lakeshore Rd. 3786 to 3805, Truswell Rd. 519 to 579 #KC03011500 – 183 Papers Lakeshore Rd. 4010 to 4191, Logie Crt, Lequime Rd, Armour Cres. #KC03012301 – 33 Papers Bayhill Pl, Carriage Crt, Vintage Terrace Crt, Vintage Terrace Rd. #KC03012302 – 40 Papers Bellevue Rd, Collett Rd, Farris Rd, Fuller Rd, Lakeshore Rd. 4600 to 4639 #KC03012500 – 48 Papers Gordon Dr. 4260 to 4346 Even Side Only, Paret Pl, San Juan Crt, San Michelle Rd, San Michelle Crt. #KC03012802 – 82 Papers Dehart Rd. 604 to 739, Gordon Dr. 4415 to 4498, Schafer Rd. #KC08002210 – 34 Papers Britt Rd, Franwill Rd, Kerry Lane, Thacker Dr. 2815 to 2925 #KC08001411 – 23 Papers Michelle Cres, Alexander Pl. injured in Kelowna approximately every three and a half hours. Many of ‘‘ …PEOPLE REGULARLY SUFFER CHRONIC, OFTEN FUNCTIONALLY LIMITING, SOMETIMES DEBILITATING, PAIN ARISING FROM ‘RUN OF THE MILL’ CAR CRASHES. those injuries resolve very quickly, but many never resolve. Often air bags don’t go off and damage to the vehicles can be minimal, if even apparent. Even in crashes with lots of twisted metal the drivers and other occupants of the vehicles don’t know, themselves, that they have sustained any injury because symptoms rarely come on at the scene of a crash. Emergency services are often not called in and, when they are, the emergency services personnel are relieved to find that everyone appears to beOK. The media [from police information] reports that there were no injuries, or injuries were minor. Again and again and again it is reinforced in our minds that car crashes don’t come with serious consequences. If only the media were to follow up with the vehicle occupants when they wake up the next morning, their muscles in spasm, or months/ years later when they are continuing to suffer from chronic symptoms that originated when the head flew back and forth, the muscles, ligaments and other tissues irreparably strained and torn. Rather than being part of the solution, a road safety strategy document released in August, 2013, by the Province of British Columbia contributes to the problem by focusing attention not on the reduction of crashes, but on the reduction of fatalities and “serious injuries,” where “serious injuries will be measured as those injuries requiring admission to hospital”. Car crash injuries very rarely actually require admission to hospital. I have worked with some members of the local media to try to change the way crash injuries are reported, and I have been encouraged by their response, but my efforts have been too few and far between. I have also worked with BC Emergency Health Services about how BC Ambulance representatives should re- New patients welcome! Open Fridays #KC08003211 - 29 Papers Joyce Rd, Lynden Rd, Michael Rd, Paula Rd. #KC08003212 – 45 Papers Avondale Pl, Guidi Rd, Trevor Dr. 1133 to 1207 #KC08003310 – 33 Papers Colleen Rd, Concord Rd, Thomas Rd, Hudson Rd. 980 to 1299 #KC08003710 – 78 Papers Cameron Rd, Hewl Rd, Applegreen Crt. #KC09010212 – 81 Papers Boulder Lake Blvd, Cobble Stone Rd, Pebble Pl, Stone Grove Cres, Tallus Ridge Dr. #KC09010214 – 56 Papers Tuscany Dr, Mountains Hollow Lane, Paramount Dr, Ryser Pl, Tallus Green Cres. #KC10004114 – 50 Papers Braeburn Crt, Ridge Blvd. #KC10005312 – 34 Papers Carrall Rd, Boucherie Rd. 2150 Only #KC10007210 – 30 Papers Glen Crt, Glenmount Crt, Glenway Crt, Glenway Rd. 3849 to 3882, Lower Glenrosa Rd. 2805 to 2835 Odd Side Only #KC10007310 – 36 Papers Glenford Rd, Glenview Rd, Woodell Rd, Lower Glenrosa Rd. 2841 to 2869 Odd Side Only #KC08001510 – 43 Papers Bridgeview Rd, Essen Rd, Kelview Rd, Kelview Crt. #KC10007410 – 31 Papers Webber Rd. 3591 to 3725, Lower Glenrosa Rd. 2816 to 2888 Even Side Only #KC08001811 – 36 Papers Boucherie Rd. 2545 to 2555, Brenmaur Rd, Rumney Rd, Sinclair Rd, Winnipeg Rd, Stuart Rd. 842 to 995 #KC10007910 – 49 Papers Barney Rd, Dunbarton Rd. 3435 to 3551, Webber Rd. 3345 to 3531 Odd Side Only #KC08001812 – 32 Papers Collingwood Rd, Harmon Rd, McKay Rd. #KC10008110 – 80 Papers Chives Pl, McTaggart Rd, McIver Rd. 3344 to 3576 #KC08001911 – 24 Papers Anders Rd. 890 to 930 Even Side Only, Skyline Rd, Boucherie Rd. 2650 to 2689 #KC10008311 – 35 Papers McGregor Rd. 3289 to 3338, McNally Rd, Webber Rd. 3301 to 3338 #KC08002012 – 20 Papers Anders Rd. Odd Side Only, Boucherie Rd. 2705 to 2775 Odd Side Only, Olalla Rd, Teal Rd, Stevenson Rd. #KC10008410 – 41 Papers McGregor Rd. 3231 to 3283, McNair Rd, Webber Rd. 3194 to 3284 #KC08002110 – 33 Papers Dogwood Rd, Douglas Rd, Hawthorne Rd, Thacker Dr. 2700 to 2805 #KC10008610 – 52 Papers Webber Rd. 3155 to 3193, Coventry Cres. For information, contact our circulation department ~ 250-763-7575 • White Fillings • Crowns, Veneers • Grafts • Root Canals • Extractions • Invisalign • Implants • Sedation Dr. Hugh Jarvin welcomes Dr. Jeff Kozak to the practice. Dr. Kozak is an exceptional practitioner with a gentle touch. ~ Emergency Services ~ 310-478 Bernard Ave. 250.762.6842 www.bernarddental.ca port injuries, and have obtained agreement with my proposition that “a BC Ambulance Service Representative should never refer to injuries sustained in a motor vehicle incident as “minor” and should never indicate at the scene of a motor vehicle collision that any of the occupants of any vehicles/pedestrian/cyclist had not suffered any injury at all.” I have proposed a meeting between heads of emergency services (police/fire/ambulance) as well as the media, so as to achieve consensus against being minimalistic in the reporting of crash consequences, but I have not been diligent enough in making that meeting happen. My New Year’s resolution for 2014 is to kick it up a few notches. I could use some help, perhaps with identifying minimalistic media reports of crashes province-wide, and invite anyone interested in participating in these initiatives to e-mail me. This column is intended to provide general information about injury claims. It is not a substitute for retaining a lawyer to provide legal advice specifically pertaining to your case. Paul Hergott is a lawyer at Hergott Law in West Kelowna. [email protected] SPORTS Season previews Athlete profiles Game summaries Scores BUSINESS Straight from DeHart, every Thursday in the Capital News Canadian Blood Services urges you to make an appointment to donate blood. 1-888-2-DONATE