Sunnotbig factor in deadlycrash, court told

The setting sun likely didn’t play as big a role in a deadly car crash in 2015 as first believed, a collision reconstruction expert suggested Monday in Lethbridge provincial court.

Daniel Ryan, who testified for defence during the final day of Scott Edward Erickson’s trial for dangerous driving causing death, refuted evidence provided by a police reconstruction officer who previously testified the sun would have been in Alan Johnston’s eyes when he struck the back of a frontend loader as it removed snow from the median on Whoop-Up Drive West.

Ryan pointed out the accident occurred about 3:30 p.m. Nov. 13, 2015, but the officer didn’t conduct his investigation until after 4 p.m. when the sun would have been lower in the sky. Ryan said the officer’s report does not reflect the correct position of the sun at the time of the collision.

Ryan also testified the setting sun would have had less impact on drivers in the inside, or fast lane, of Whoop-Up Drive, which is where Johnston was driving, than on motorists in the far right lane. He pointed out there was a seven-degree difference in the angle of the sun from the inside lane to the outside lane.

He suggested that trying to determine the impact of the sun 30 minutes after the collision provided a distorted perspective, and at the time of the collision the loader would have been visible for more than a kilometre away, giving motorists plenty of time to change lanes.

However, even though Ryan insisted the angle and elevation of the setting sun did not play as great a role in the collision as the Crown contends, he couldn’t say the sun was not a factor. “I cannot,” he conceded. He also noted he planned to return to the collision site a year later to re-create the exact conditions, but was told by his client at the time — the City of Lethbridge — not to.

Erickson was removing snow built up against the median and taking it across three lanes of traffic to dump it onto the north side of the road. He planned to move the snow before it melted, then froze and caused icy conditions. He testified March 11 — before the trial was adjourned for three months — that glare from the setting sun had nothing to do with motorists’ inability to see him operating the loader, and suggested they just weren’t paying attention.

Defence lawyer Balfour Der said Monday in his closing arguments that most motorists saw the loader moving snow and drove around it. He said there could be many reasons why Johnston didn’t see the loader, and suggested he was either distracted or not paying attention. “People moved around (Erickson); he was visible.” Crown prosecutor Bruce Ainscough reminded court, however, that several witnesses testified they didn’t see the loader until they were so close they had to quickly change lanes, and that the sun made it difficult to see the road ahead of them. In addition, Erickson didn’t provide any warning signs, traffic cones, or anything else to warn motorists that he was working on the road.

“It seems ludicrous to me,” Ainscough told Judge Eric Peterson. “There is no need for Mr. Erickson to be there. No urgency.”

Judge Peterson has reserved his decision until July 27.

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