In a case of bus driver negligence causing injury, the Court of Appeal has dismissed the appeal of ICBC and Translink, finding the circumstantial evidence adequate to infer negligence (click here for Benavides v. ICBC, 2017 BCCA 15). However, the Court of Appeal sidestepped the real underlying issue: should public carriers be under a stricter test of…
The claimant suffered injuries as a passenger on a bus operated by the South Coast British Columbia Transportation Authority, doing business as Translink and/or Coast Mountain Bus Company Limited (“Translink”). The claimant was 76 years old at the time of trial and claims that he fell when the bus on Translink’s route number eight stopped suddenly…
When injured as a passenger on a public bus, public carriers and bus drivers have a heavy burden to establish that they used all due, proper and reasonable care and skill to avoid or prevent injury to the passenger. This principle was reaffirmed in the personal injury case of Hutchinson v. Dyck, 2015 BCSC 1039. The claimant was…
The claimant was injured when he fell while riding a bus. We reviewed the trial decision, Injury on Bus Fault of Driver and Elderly Passenger. The Court assessed the claimant’s total compensation at two thirds of $35,100, which is $23,376.66. This article is a review of the claimant’s application to recover two thirds of the costs of the personal injury…
This 93 year old personal injury claimant completely ignored medical advice that he not travel on public transportation unassisted and injured his right shoulder after trying to exit a moving bus (Bideci v. Neuhold, 2014 BCSC 542). There is however prima facie negligence against public carriers and the driver was found 2/3 at fault for not looking carefully…
In this bus accident injury settlement, (Zhang v. Heikkila,2013 BCSC 2275) following the examinations for discovery and after three medical reports had been obtained the matter settled for $11,000.00 plus costs and disbursements. ICBC refused however to pay the cost of three medical legal reports but in this application was forced by the court to…
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