Car accidents involving one vehicle turning left into the path of another not only cause significant personal injury these collisions raise serious issues of fault and legal liability. The sole issue in this personal injury case was the determination of fault for a motor vehicle accident which occurred at the intersection of Highway 10 and 192nd Street in…
This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did not like to complain about his injuries, which makes assessment difficult for the court. As…
Is it common sense and the law in BC that a driver rear ending another quickly stopping vehicle is at fault for following too closely, unless there is evidence to the contrary. The following personal injury case tried unsuccessfully to prove otherwise ( click here to review full case of Wright v. Mistry,2017 BCSC 239).…
After being injured in a hit and run car accident a claimant has an obligation to make best efforts to find the other driver in order to pursue a personal injury claim with ICBC. In this case ICBC suggested that had signs been posted leading up to the collision site commuters who travelled the route…
Two motor vehicle accidents are treated as one ICBC injury claim in today’s personal injury case review. In the first car accident the claimant was rear ended by a vehicle travelling at approximately 60 km/h at King George Highway and Highway #10 located in Surrey, British Columbia. The claimant’s vehicle was damaged and written off…
When an ICBC claimant is injured in two car accidents and is at fault for the first, how does the court deal with costs? Here is what the court did recently in Brach v. Letwin,2017 BCSC 101, a Fast Track case: the claimant was not entitled to recover his disbursements where they were solely attributable to…
Should a prior ICBC Settlement amount be deducted from a second and new car accident injury claim? We answer this question in today’s a motor vehicle accident case review. This personal injury case involves a chronic pain claimant with a prior accident she settled with ICBC for $153,300 plus case expenses (the “Settlement”). Should the claimant be awarded a global amount…
So much has been written about how to make an effective personal injury claim with ICBC, key steps to the claim are often overlooked. Personal injury lawyers that have made hundreds or thousands of injury claims have the experiential knowledge to utilize three keys steps to starting any ICBC injury claim. Without effective advocacy for victims of personal injury…
This first personal injury case of 2017 is a classic example how various witnesses to a car accident will remember the circumstances differently. This is also an unusual ICBC rear end crash in which the person hitting the other from behind is found 75% at fault. As Supreme Court Judge Griffin pointed out: Even honest witnesses will…
This personal injury award, $186,000 for injuries suffered in two motor vehicle accidents, was appealed by ICBC, the defendant’s insurer. The judge found the ICBC appellants liable for the two car accidents but ICBC argued that the judge had made serious mistakes in her findings of fault for the injuries and her findings of fact supporting the…