After a harrowing legal battle stemming from a tragic incident three years ago, the driver involved in a fatal crash in downtown Vancouver has been acquitted of all charges. Seyed Moshfeghi Zadeh, the defendant, stood trial for his role in the collision, which claimed the life of a baby and left her father severely injured.
Zadeh faced charges of dangerous operation of a vehicle causing death and dangerous operation of a vehicle causing bodily harm following the July 6, 2021, accident. During the trial, Zadeh admitted to driving a Ford Escape that ran a red light at the intersection of Hornby and Smithe streets. The collision resulted in the SUV striking another car before tragically hitting 23-month-old Ocean and her father, Michael Hiiva.
Throughout the proceedings, Zadeh consistently maintained that the crash was an unfortunate accident, devoid of any criminal intent. In rendering her decision to acquit Zadeh of all charges, B.C. Provincial Court Judge Katherine Denhoff emphasized the absence of drugs or alcohol in Zadeh’s system and the lack of evidence indicating any driving issues prior to the accident.
Judge Denhoff concluded that while Zadeh’s momentary lapse of attention led to a devastating outcome, it did not constitute a criminal offense.
During the trial’s closing arguments, prosecutor Brent Anderson contended that Zadeh’s actions deviated from the standard of care expected of a reasonable driver. Anderson highlighted the circumstances surrounding the collision, which occurred during rush hour with favorable road conditions and a red light displayed for over 20 seconds before Zadeh entered the intersection.
Anderson pointed out Zadeh’s failure to observe multiple red lights and his apparent lack of response to visual cues, such as pedestrians and other vehicles. He likened Zadeh’s driving to being blindfolded, emphasizing his failure to brake or steer appropriately.
In defense of his client, Zadeh’s lawyer, Robert Dick, acknowledged Zadeh’s infringement of traffic laws but argued against any evidence suggesting reckless or intentional misconduct. Dick emphasized the absence of speeding or distractions, including the lack of evidence indicating Zadeh was using the two phones found in his vehicle.
Dick concluded by asserting that the collision was accidental, devoid of any intentional wrongdoing on Zadeh’s part.
The trial’s outcome underscores the complexities involved in adjudicating cases of vehicular accidents resulting in tragic consequences, where legal standards intersect with the profound loss experienced by victims’ families.
