Damages for pain and suffering, also known as non-pecuniary damages, compensates an injured claimant for the injuries suffered in the motor vehicle accident and the impact those injuries have had on his/her enjoyment of life. Trial judges will consider the following factors when deciding the amount to award to an injured claimant for pain and…
Parmar v. Rink 2019 BCSC 1626 is a pedestrian crosswalk case. In this case, the motor vehicle accident occurred in a marked crosswalk in a rural area. The injured claimant, who was wearing dark clothing, was walking with her two children. It was the early evening and it was dark out. The roads were wet…
The claimant witnessed his wife get hit by a motorcycle as they jaywalked across Yates Street in Victoria. Although not hit himself, the claimant suffered a severe emotional reaction. He therefore claimed compensation for the mental injury. Nervous Shock : Legal Elements “Psychiatric injury” is the favoured term over “nervous shock” (see 1999 decision of…
This pedestrian personal injury claimant alleged that the defendant negligently drove his vehicle over the back of her left ankle and foot while she stood outside a parkade talking with friends. After the accident, the driver spoke with a representative of the Insurance Corporation of British Columbia, ICBC, by telephone a notes of this conversation…
Pain free life is valued as part of the dream of the Good Life by most Canadians. The elimination of auto victims rights in 2018 and the increase in the ICBC monopoly on car insurance is therefore a shocking embarrassment to our democratic principles in British Columbia. Minor Injury Cap passed 2018 will apply to all car…
The Supreme Court found this running pedestrian, wearing a dark hoody with headphones 80% at fault for an accident resulting in her injury. The pedestrian appealed the finding that he was 80% at to blame for the accident.(Vandendorpel v. Evoy,2018 BCCA 442) The accident occurred at the intersection of Mount View Avenue and Sooke Road…
In this personal injury case the claimant was jogging when he came up behind three young girls riding their bicycles. Two were on the sidewalk and one was riding on the street adjacent to the curb. The jogger intended to pass the girls on their right. As he was passing them, one ten year old moved her…
This pedestrian suffered serious injuries when he was struck by a runaway snowmobile. The snowmobile operator had been thrown off the machine and the snowmobile sped one kilometre across open terrain before striking the claimant (Passerin v. Webb,2018 BCSC 289). The snowmobiler was not using the the tether cord which would have automatically shut off…
The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada of her choice to undergo an X-Ray examination of her legs and right shoulder and…
This intoxicated pedestrian, Mr. Joel Robert Michael Ackley, made fun of a driver’s dreadlocks and removed his shirt while waiting for the driver to emerge from the Subway (Ackley v. Audette,2015 BCSC 1272). As the driver tried to leave the parking lot Mr. Ackley tried to prevent him from getting into his car. When the driver got into his…