In this ICBC pedestrian hit and run accident case(Nadeau v. Okanagan Urban Youth & Cultural Assn.,2013 BCSC 55) the personal injury claimant was dragged under a vehicle at the Bluffs outdoor music venue located on an Indian Reserve on the west side of Lake Okanagan, directly across the lake from the City of Kelowna.
The claimant was squatting on the ground in an open field used for a parking lot immediately before the accident. For some reason, the driver of the vehicle did not see him. Failing to see the pedestrain claimant and running over him in those circumstances was found to be clearly negligent.
After he was rolled or dragged the vehicle stopped and someone in the the vehicle got out, looked at him, and said words to the effect that they had hit somebody and they needed to get out of there. The person jumped back into the vehicle and it proceeded to drive over the injury claimant’s chest with the rear passenger wheels. The claimant was taken by ambulance to the Kelowna General Hospital and remained in hospital for almost a month.
Before a hit and run claim can be made against ICBC the injury must arise out of the use or occupation of a vehicle on a highway. The judge found that ICBC was liable for the hit and run because the field was being used as a parking lot when the accident occurred and the public has access to the area.
The court however did find the claimant’s lack of care did contribute to the accident and apportioned the liability 85 percent against the driver and 15 percent against the injury claimant.
To learn more about hit and run claims watch my video about making a Hit and Run Claim in BC.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B.
"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.