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Lady causes road accident to save ducks crossing the road

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Loofy

Member
It was early on a Sunday evening and a young woman named Emma Czornobaj was driving south of Montreal when she stopped to avoid hitting some ducks that were crossing the highway.

What happened next was a road accident that killed a motorcyclist and his teenaged daughter.

Ms. Czornobaj’s moment of concern for the birds led to criminal charges. She will go on trial and could face jail time if found guilty.

“We are alleging that the fact that she stopped her vehicle constituted dangerous driving and criminal negligence,” prosecutor Annie-Claude Chassé said in an interview.

Ms. Czornobaj is facing two counts of criminal negligence causing death and two counts of dangerous operation of motor vehicles causing death.

As someone without a previous criminal record, Ms. Czornobaj would not be liable to life in prison, the maximum sentence for those offences, but the Crown would seek a jail term if she is found guilty, Ms. Chassé said.

The accident happened around 7:20 p.m., on June 27, 2010, near Candiac, south of Montreal.

Ms. Czornobaj was heading west on Highway 30, a four-lane thoroughfare separated by a median.

She is alleged to have stopped her Honda Civic in the passing lane of the highway because she saw ducks were passing through the road.

Coming up behind her were two motorcycles carrying a family heading back to their home in neighbouring Saint-Constant.

A 50-year-old mail carrier, André Roy, rode on one of the bikes, with his 16-year-old daughter, Jessie, riding pillion. Following them on the other motorcycle was Mr. Roy’s 43-year-old spouse, Pauline Volikakis.

“The car was stopped. My daughter did a 360 in the air. She landed between the car and the median. I couldn’t do anything ,” Ms. Volikakis said in an interview she gave the TVA network shortly after the accident.

TVA reported at the time that Ms. Czornobaj was outside the fully stopped car, standing on the highway shoulder, and that Ms. Volikakis recalled hearing Mr. Roy shouting at the driver to watch out before he collided with the car.

Even without the two deaths, Ms. Czornobaj could have been faulted for breaching Section 384 of the Quebec Highway Safety Code, which says that no one can stop a vehicle on a roadway where the maximum speed is 70 kilometres per hour or more, “unless in case of necessity.”

Ms. Czornobaj, who graduated last year from Concordia University with a commerce degree, was recently working as an analyst at the Business Development Bank of Canada.

Her Facebook profile picture showed her standing with a smile next to a motorcycle. Following her court appearance Wednesday, that picture was replaced by a photo of her doberman.

The trial had originally been scheduled for April after the defence agreed last year to waive its right to a preliminary hearing. However, Ms. Czornobaj later sought a postponement after retaining a new counsel, Marc Labelle, a veteran lawyer who is known for his willingness to represent unpopular defendants.

Mr. Labelle didn’t answer interview requests left with his office this week. He previously told Global News that what happened the day of the crash was an unfortunate accident.

“This is the point the jury will have to decide,” he said following Wednesdays’ court appearance. “This is the question in this case.”
http://www.theglobeandmail.com/news...lved-in-duck-highway-tragedy/article14165920/

Earlier on Tuesday, eyewitness Martine Tessier testified she was driving along the same stretch of highway on June 27, 2010. The weather was nice, the sun was setting and the road conditions were excellent.

Tessier said she was driving at about 110 km/h when she saw a woman along the side of the road seemingly trying to shoo along a family of ducks.

"I shouted to my kids (in the car) 'What is she doing there? She's going to get killed,'" Tessier told the jury.

She testified that moments later, she was staring down a car — completely stopped with no hazard lights on — with the door open on the driver's side.

"It was close enough that I knew I didn't have time to brake," Tessier said. Instead, she swerved to get around the car. Then she looked back in her rear-view mirror and saw something else hit the vehicle.

"I saw a body go over the car, it was like a rag doll," Tessier said. "I shouted to my daughter to call 9-1-1 with my cellphone."
http://www.cbc.ca/news/canada/montr...o-deaths-said-she-was-helping-ducks-1.2663840
 
TVA reported at the time that Ms. Czornobaj was outside the fully stopped car, standing on the highway shoulder, and that Ms. Volikakis recalled hearing Mr. Roy shouting at the driver to watch out before he collided with the car.

If she had time to get out of the car, then couldn't have been a sudden stop that caused this. I don't know why the motos didn't see her stopping and slow down.
 

dan2026

Member
The bike was obviously driving to close behind the car that stopped.

If the car in front does an emergency brake, you should have sufficient space to stop in time.

Edit: Sounds like they ran into a parked car. Completely their own fault then.
 

Linsies

Member
The story is confusing. The guy driving the bike told duck-saving-lady to get out of the way? If that's the case and she had time to get out and walk away from the vehicle, how did this happen? Unless he couldn't get over because someone was beside him?
 
She stopped and got out of her car, in a passing lane on a highway. I suspect this was a visibility issue, not following distance. The details are confusing, though.
 

MrDenny

Member
Crazy story, feel sorry for the wife who had to witness it.
Makes me wonder how google self driving cars are going to work.
How are they going to prioritize whether to stop or go in situations like this, though with humans.
 

DopeyFish

Not bitter, just unsweetened
If she stopped and the people behind her didn't have enough time to stop, doesnt that mean the people behind her were driving carelessly?

I mean animals on the road are a hazard, no?

Was there a blind turn?
 
Sounds harsh, but seriously, run over animals on the road, unless that collision would cause an accident. Only excusable time to go out of the way for critters on the road is when you're absolutely sure that there is no one around you and that your swerving won't lead to a dangerous situation. Sad event all around.
 

Wazzy

Banned
I'm confused.

How did they hit her if she had time to stop and get out?

I also feel bad for both parties. I'm the kind of person that would try to avoid running over an animal even though I know it's dangerous.
 

CrankyJay

Banned
If she stopped and the people behind her didn't have enough time to stop, doesnt that mean the people behind her were driving carelessly?

I mean animals on the road are a hazard, no?

Was there a blind turn?

That's what I was thinking...they were following too closely if they couldn't break in time. It's too bad this lady couldn't have seen the ducks sooner so she could have had a more gradual brake, but I think these charges are a bit much.

edit: Oh, the 2nd article makes it more clear, she was completely stopped and out of the car.
 

Witchfinder General

punched Wheelchair Mike
vPrrIIX.jpg
.
 
She was in the passing lane so this was a dumb move. Also doesn't say if she put her hazard lights on or not. What a horrible thing to happen.

That's what I was thinking...they were following too closely if they couldn't break in time. It's too bad this lady couldn't have seen the ducks sooner so she could have had a more gradual brake, but I think these charges are a bit much.

Read the OP. She was standing outside of her car.
 

dan2026

Member
Yea, their own fault for going into a parked car on the highway.

Um it is.

If a car in front has stopped for whatever reason, you don't just pile into the back of it.
Unless they were behind a blind bend or something.
 

CrankyJay

Banned
She was in the passing lane so this was a dumb move. Also doesn't say if she put her hazard lights on or not. What a horrible thing to happen.



Read the OP. She was standing outside of her car.

Yeah, first article didn't make that clear...I guess that sort of changes my opinion, but how could the bikers not have seen a parked car?
 

dan2026

Member
blind bend = cautious, on a motorcycle.

In my experience motorcycles are anything but.

They over-take whenever they feel like it and treat queues of traffic like some sort of maze they can zip in and out of.
I see them all the time and they are so reckless.
 

commedieu

Banned
http://www.ctvnews.ca/canada/father...ar-to-help-ducks-prosecutor-alleges-1.1850997

No hazards, diminished visibility, and allegedly traveling at 80km/h.
.

This all points to.. me slowing down if theres diminished visibility, esp with my family. Unfortunate accident.

In my experience motorcycles are anything but.

They over-take whenever they feel like it and treat queues of traffic like some sort of maze they can zip in and out of.
I see them all the time and they are so reckless.

Oh no, Im just saying what you, as a responsible motorcyclist should do. If you cant see, you slow down. If its a blind bend, you slow down. Sucks.
 

Sub_Level

wants to fuck an Asian grill.
I have a friend who is all sentimental for animals. Was driving with him once and he swerved in the car just to avoid hitting a pigeon. He doesn't even kill the ants in his house and just swats them away off the countertops.

I've done way more reckless things operating a motor vehicle before so not speaking from the position of a high horse, but that kind of thing rubs me the wrong way. Obviously you're a psychopathic dick if you intentionally run over animals when you can safely maneuver around them but please be mindful that ultimately human life is more important and it's unethical to endanger it for such a cause. Especially for fucking ducks, this isn't even a case of a sentimental family dog or an endangered species.
 

Kieli

Member
I'm honestly struggling really hard to understand the article.

There's a few scenarios:

#1: She stops. Gets out of the car. Leaves door open. The family behind her is going so close that they can't respond in time and crashes (this is unlikely because she wouldn't have time to get out of the car).

#2: She stops. Gets out of car. Leaves door open. The family was at a safe distance away, but don't (for whatever reason) notice that she has stopped. This is unusual as they should be able to see that they are quickly closing in (unless the highway is bent).

#3: She stops. Gets out of car. Leaves door open. The family is on the other lane. The highway is so narrow that they have NOWHERE to go because of the open door. They crash into the door/narrowly avoid it. Some people die.

Can someone please clarify?
 

DopeyFish

Not bitter, just unsweetened

dan2026

Member
It sounds like sillyness on both sides.

One women stopping where she shouldn't on a fast road.

Motorcycles going too fast in bad weather and crashing into an obstacle they should of avoided.

The lady shouldn't be to blame for the deaths, but she should be fined for stopping where she shouldn't
 

Besaide

Member
The accident happened around 7:20 p.m., on June 27, 2010, near Candiac, south of Montreal.

Lady was outside of the car with no mention of emergency lights, or any lights at all, from the vehicle at night...

Edit: Second hand account said the sun was setting so depending on which way the sun is facing could it could definitely have impeded eyesight.
 

Experien

Member
Sure their law says you can't stop in the fast lane but it isn't her fault that the motorcylcists weren't paying attention to a parked car.

Give her a ticket for failing to go the minimum speed limit but don't pin the deaths on her. That's ridiculous.
 
Yeah I'm really struggling to figure out how he had time to yell at her and wave his hands but not swerve or stop. Just a mistake, I guess. It's not like he wanted to hit her.
 
I'm honestly struggling really hard to understand the article.

There's a few scenarios:

#1: She stops. Gets out of the car. Leaves door open. The family behind her is going so close that they can't respond in time and crashes (this is unlikely because she wouldn't have time to get out of the car).

#2: She stops. Gets out of car. Leaves door open. The family was at a safe distance away, but don't (for whatever reason) notice that she has stopped. This is unusual as they should be able to see that they are quickly closing in (unless the highway is bent).

#3: She stops. Gets out of car. Leaves door open. The family is on the other lane. The highway is so narrow that they have NOWHERE to go because of the open door. They crash into the door/narrowly avoid it. Some people die.

Can someone please clarify?

#2 I think. The second article in the OP states that just before the motorcycle accident there was a third car that served and avoided the stopped vehicle, so #3 wouldn't be possible. And it's not #1, because the first article states that the car was completely stopped, the lady was out of the car, and the door was open at the time of the accident.

EDIT: It was dusk, so depending on where this was it could've been hard to tell that the vehicle was completely stopped.
 

Syriel

Member
http://www.ctvnews.ca/canada/father...ar-to-help-ducks-prosecutor-alleges-1.1850997



Yea, their own fault for going into a parked car on the highway.

Have to agree with this. There are any number of reasons that a car could be stopped on the freeway (traffic ahead, broken down, etc.).

If you're driving so fast that you don't have time to brake and run into the ass end of a stopped car, you're being needlessly reckless.

I'm honestly struggling really hard to understand the article.

There's a few scenarios:

#1: She stops. Gets out of the car. Leaves door open. The family behind her is going so close that they can't respond in time and crashes (this is unlikely because she wouldn't have time to get out of the car).

#2: She stops. Gets out of car. Leaves door open. The family was at a safe distance away, but don't (for whatever reason) notice that she has stopped. This is unusual as they should be able to see that they are quickly closing in (unless the highway is bent).

#3: She stops. Gets out of car. Leaves door open. The family is on the other lane. The highway is so narrow that they have NOWHERE to go because of the open door. They crash into the door/narrowly avoid it. Some people die.

Can someone please clarify?

From reading it sounds like number two. She stopped and got out of her car to chase the ducks off the road. The family on the motorcycles appear to have driven into the back of her car (which was taking up one of the two lanes).
 

MacAttack

Member
I had to run over a family of ducks on the highway a few years ago.

I was driving on a 2 lane highway going 55-65mph early in the morning. There were no cars in front of me and a couple of vehicles about 50 yards behind me. I saw the mother duck and 6 or 7 ducklings crossing the highway slowly in a line. I slowed down as much as I thought I could on a highway (10-15mph) but never considered stopping. By the time I got to them the mother had made it across but I plowed straight over most of the ducklings.

I felt bad about it for a while and my wife was pretty horrified but there is no real choice when you are on a highway, you don't stop.
 

ss_lemonade

Member
They were probably driving too close to the first vehicle that switched lanes and didn't see the parked car.

But that ctvnews article says that the father was waving his hands at Czornobaj, meaning he had the time to do that and not enough time to notice the stopped vehicle in front of him?
 

grumble

Member
Yeah I'm really struggling to figure out how he had time to yell at her and wave his hands but not swerve or stop. Just a mistake, I guess. It's not like he wanted to hit her.

Is it really that hard to imagine? A get out of the way followed immediately by a crash. I'm going to guess this was a dark car without lights on with reduced visibility? The reason she might lose is the no hazards.
 
Unfortunately both sides were at fault it sounds like. The motorcyclist had enough time to warn his wife, which sounds like he had ample time to avoid the vehicle like the witness car did. The stopped car lady is a complete idiot for completely halting in a damn highway and even getting out of her car, with no hazard lights on. You shouldn't even slam your breaks to avoid crossing animals, let alone completely stop and get out of the car.
 
Is it really that hard to imagine? A get out of the way followed immediately by a crash. I'm going to guess this was a dark car without lights on with reduced visibility? The reason she might lose is the no hazards.

No, I suppose it's not hard to imagine. I am speculating about how it might have turned out differently and wishing it hadn't gone the way it did...and I am questioning the decision-making involved, yeah. It's an awful situation.
 
Considering how the car was completely stopped and that the woman was outside of her vehicle, I can't see this being anymore than an unfortunate accident. At most, she should be charged with stopping her vehicle on a highway without necessity (as the article mentioned), but I think the charges against her dealing with the crash should be dropped.

Pretty awful situation all around, though.
 

Derwind

Member
My first reaction was why she didn't park on the shoulder of the highway. But after rereading it seems there was a median(which I assume is a concrete or rebar traffic barrier).

She shouldn't have stopped. I feel bad for her and the victims family(the wife). She was trying to do a kind gesture but that stopping on a highway lane like that is an absolute no-no.
 

Risible

Member
Well thank God this article about the death of a father and his teenage daughter has duck puns as the first few replies.

Get some fucking decorum and empathy ffs.
 
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