Jane Huang’s car was flung into the ditch after being struck by a train on CP Rail tracks. (Langley Advance files)

Woman gets $2 million after 2014 train crash

A lawsuit over a woman injured in a train collision has ended in a multi-million dollar judgment.

A woman who suffered life-altering injuries when she was struck by a train in Langley in 2014 has won a judgment of more than $2 million against Canadian Pacific Rail.

Justice Margo Fleming ruled that the CPR was 60 per cent liable for the crash that flung Jane Huang’s vehicle into a ditch on a rainy afternoon, because of a failure to clear brush that obscured sight lines near the tracks.

On May 8, more than four years ago, Huang’s car crossed the railway tracks at Smith Crescent near Glover Road as she left her new job at the nearby Britco offices.

Though she testified she doesn’t remember the actual collision, Huang told the court she had typically rolled through the stop sign at the tracks, in the mistaken belief that the line was not in use. Her office at Britco didn’t have windows facing the tracks and she hadn’t seen a train there in the few weeks on her new job.

Huang’s car was struck on the passenger side by a freight train, and flung into a nearby ditch.

According to a B.C. Supreme Court judgment released in July, Huang suffered a spinal cord injury and traumatic brain injuries.

She has regained the ability to walk, assisted with a walker, but the woman who acquired an MBA and engineering degree and was working hard to find a new job in Canada now suffers from depression, an inability to work, and a shortened life expectancy.

Huang sued the railway companies seeking up to $4.8 million in compensation.

Justice Margo Fleming ruled that Huang should receive more than $1.37 million for lost earnings, plus more than $350,000 in medical support and modifications to her home and $330,000 in damages for pain and suffering.

Huang had argued that 90 percent of the fault for the crash lay with CPR, which was tasked with maintaining sightlines along its railways. Testimony at the trial suggested the edges of the tracks along Glover Road and a berm around the Britco property were overgrown with blackberry bushes at the time of the crash.

The case also argued that the “storage space” between the tracks and the second stop sign at Smith and Glover Road was too short. Even a normal-sized car couldn’t necessarily fit into the space completely.

The defendants argued that Huang was 80 per cent liable for the crash.

The judge found that while Huang was not entirely blameless, CP Rail was also largely to blame.

“Ms. Huang’s negligence resulted from an unreasonable but honestly held belief the railway tracks had been abandoned, not recklessness or deliberate risk taking,” Justice Fleming wrote. “In contrast the CPR was indifferent in its approach to maintaining adequate sightlines despite being fully aware of the grave risk of collisions.”

This is not the first time train crossings at Glover Road have come under fire.

In 2015, a train hit an ambulance at the Crush Crescent-Glover Road crossing, and the 87-year-old patient later died of her injuries.

A number of changes were made to safety equipment at the crossing, one of the busiest in the Milner area. There are a number of crossings in the Milner area, where farm roads connect across the tracks to Glover.

In 2017, Langley Township budgeted $6.3 million over several years to upgrade rail crossings to new, stricter federal safety rules. There were 30 affected crossings in the Township.

Just Posted

Full buses leave Colwood woman fuming over commute from West Shore

BC Transit plans to add eight double-deckers in 2020, will rotate on 50 and 61 routes

Saanich councillor tries his hand at design with cycling T-shirt

Positive response has avid cyclist considering making more to share

BC Hydro reservoirs see record low levels across Vancouver Island

Hydro electric watersheds are at a third of their normal levels

PHOTOS: City of Colwood hosts a ‘heartwarming start’ to the holidays

Colwood Christmas Light Up Celebration sees surge in attendance

Trauma sufferers support group takes shape on West Shore

Aaron’s Society open to more peer support groups with certified trauma practitioners

VIDEO: John Lennon’s iconic Rolls Royce rolls into Camosun College for checkup

Royal BC Museum, Camosun College and Coachwerks Restorations come together to care for car

POLL: Will you be donating to charities over the holiday season?

Many here in Victoria joined others around the world to take part… Continue reading

Greater Victoria Crime Stoppers wanted list for the week of Dec. 3

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

VIDEO: Rockslide closes part of Highway 93 in Fairmont Hot Springs

Geotechnical team called in to do an assessment after rocks fell from hoodoos

Petition calls for appeal of ex-Burns Lake mayor’s sentence for sex assault

Prosecution service says Luke Strimbold’s case is under review

Northwest B.C. wildlife shelter rescues particularly tiny bear cub

Shelter co-founder says the cub weighs less than a third of what it should at this time of year

BC firefighters to help battle Australian bushfires

Canada sent 22 people, including 7 from B.C.

B.C. NDP touts the end of MSP premiums

Horgan, James held news conference to reiterate that people will get their last bill this month

Oscar Hickes: Longest running hockey tournament on Vancouver Island cancelled

Patrick Murray, one of the organizers for the tournament, broke the sad news on social media.

Most Read