Surrey mom petitions for stricter hit-and-run laws after son struck by motorist

Iseda Jeffers-Harris was waiting for her son to come home for lunch when her phone started ringing.

On the other end, she heard the voice of her 13-year-old boy, Marquice, who sounded like he was in distress.

"He was breathing very heavy," Jeffers-Harris recalled. "He said, 'Mom, I need help' ... 'I need help getting into the house.'"

Marquice had been struck by an SUV down the street in Surrey, B.C., while on his skateboard. He broke his foot and suffered several flesh wounds to his knees and arms. 

Jeffers-Harris alleges the motorist never contacted her. She says the driver instead dropped Marquice on the sidewalk outside their home and drove off, without checking to see if any parents were present.

No charges have been laid against the driver after police decided the motorist met all their legal obligations to the child. But for Jeffers-Harris, the law doesn't go far enough.

"My son was lucky, but for another child, this could end up being a life or death situation," said Jeffers-Harris.

She's launched a petition calling for an amendment to B.C.'s Motor Vehicle Act that would make it mandatory for drivers who strike a child to contact police immediately and seek medical help.

The document has already received nearly 7,500 signatures and has generated some support from the legal community.

A social media campaign led by Black culture user blackvancouver has drawn widespread attention to the petition and called for the driver to be held to account.

In a post, the group calls the incident a case of systemic racism, in which the driver benefited from their white privilege. They argue had race roles been flipped, a Black perpetrator would have been subject to greater discipline from the law.

'Reasonable assistance'

Marquice was struck on Aug. 19 near the intersection of 111A Avenue and Dumnarton Road in Surrey. Jeffers-Harris says the driver did not share their name or contact details with her son. The family contacted the police on the way to the hospital under the belief that it was a hit and run.

Police were able to make contact with the driver. Investigators "spoke with the parties involved and witnesses, and reviewed surveillance footage," according to Surrey RCMP. Based on the information gathered, police did not consider it a hit and run.

Under the Motor Vehicle Act, any driver that strikes a pedestrian must provide "reasonable assistance" to them. They are also required to provide contact and vehicle information.

According to Vancouver-based lawyer Kyla Lee, police might have concluded the ride home given to the child was reasonable assistance.

"It's very arguable, in those circumstances, if you see that someone is injured, they're a child, and you treat the injury the best you can in that circumstance, and you take them home to their parents, that that is reasonable assistance," she said.

Lee says charges can be imposed if the driver has the intention of escaping criminal or civil liability. In this case, the driver's willingness to drive the child home could be an indication that they weren't trying to evade the law.

CBC News has not named the driver as no charges have been laid against them. Requests for comment weren't returned.

The push to amend

However, Lee says there is a gap in the MVA, particularly when it comes to minors who are the victims of collisions.

"It would be good for the legislation to be amended to put specific obligations on people in circumstances where they hit a child because of the need for the parents to be involved, because it's scary for the children ... those people are more vulnerable than adults," said Lee.

Jeffers-Harris is pushing to make those amendments a reality — specifically so drivers would be legally obligated to contact police and seek medical help immediately after striking a child.

The family plans to meet with Randeep Sarai, the MP for Surrey Centre, to share their story and lobby for those changes.

"The minute your vehicle comes into contact with a child and hurts them, you become the only person they can rely on for help," said Jeffers-Harris.