Driver fined in flagger’s death
A Prince George man who struck and killed a traffic control person has been fined $1,600.
Lorne Richard Myram was issued the penalty last week in provincial court after pleading guilty to driving without due care and attention under the Motor Vehicle Act.
Linda Magnussen, 59, died at the scene on Aug. 16, 2016, when, at about 6:15 a.m., she was hit by a pickup truck driven by Myram on Austin Road West near Highway 97 North.
In issuing the fine, judge Michael Brecknell agreed to a joint submission from Crown and defence counsels and stressed he was obligated to sentence Myram only in relation to his actions and not the outcome, “even though it did result in very tragic circumstances.”
There was also indication that the incident was not entirely Myram’s fault. WorkSafeBC issued violations to both the City of Prince George and Magnussen’s employer, Guardian Angels Traffic Company Ltd., the court was told.
Myram, an employee of CN Rail, was on his way to pick up a co-worker, according to the judge’s review of submissions, and because he was early, he stopped for a coffee at a nearby fast food outlet just north of the scene. When he left, he headed south along a side street towards Austin Road West and just as he turned east he was “immediately blinded by the rising sun.”
Moreover, there was no signage deployed to warn that he was in a work zone – a city crew was making improvements to water service to a neighbourhood in the Hart – although some traffic control pylons and cones were present and there was a sign further along Austin notifying drivers that a traffic control person was present in the area.
With the sun still in his eyes, Myram kept going and within a matter off “mere seconds, or even potentially fractions of seconds,” he struck Magnussen.
By all accounts, Magnussen did not know she was about to be struck, Brecknell said. “She was dressed in the required high visibility safety gear, but witnesses indicate that she may have had her back to the flow of traffic and was partially bent over or crouched down while lighting a cigarette.”
Myram, who was not impaired, was not speeding and was wearing sunglasses, did not see Magnussen before the impact. He remained at the scene, offered assistance and cooperated with authorities.
The “blinding nature of the sun on that morning” was noted by other witnesses interviewed as part of the RCMP, coroner or WorkSafeBC investigations. But in speaking to the court, a relative of Magnussen’s said that’s no excuse since the sun is always there and people should take responsibility for their actions.
Brecknell said Magnussen was a mother and grandmother who was well loved by family and friends and whose the loss has left a huge void in the family.
Myram is a husband and a father of three grown children in his early 50s. Although he has an extensive record for speeding and related offences, he has had no violations since 2000. After the incident, he changed roles at CN so that he would drive much less.
Myram’s momentary undue care and attention was listed as an aggravating factor and Brecknell found he “clearly must have had some difficulty in maintaining his vehicle in a safe fashion” prior to striking Magnussen.
But Brecknell also noted Myram’s remorse which he “may well have to carry with him for the rest of his life” as well as the inadvertent nature of the event.
“This was not a case in which Mr. Myram was driving recklessly and as a result was aggravating in one way or another,” the judge said.
Myram was also assessed a $240 victim surcharge and has until the end of the year to pay the penalties.
As to whether his licence should be pulled, that decision was left up to the Superintendent of Motor Vehicles. Driving without due care and attention under the MVA carries six penalty points and a $368 fine from the SMV and a $300 increase in the premium paid to the Insurance Corporation of British Columbia for the year.
The full reasons for the sentence, issued June 5, is posted with this story at pgcitizen.ca.