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).…
This ICBC claimant was injured in a rear ender when driving on Boundary Road in Vancouver. When traffic came to a stop the claimant was rearended by a pick-up truck pushing her car about two car lengths into a van that had previously stopped in front of her. Immediately she experienced pain in her right leg, left…
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…
Canada Pension Plan (“CPP ”) disability benefits are not considered part of a “policy of insurance” says the Supreme Court of Canada ( click here for Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7) as CPP is a mandatory government program. This is an important decision for injury claimants in Nova Scotia. However, this decision…
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…
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…
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…
There are two types of losses, or damages, that can be claimed following a car accident whiplash injury in which the claimant is not at fault. First, Pecuniary damages for income loss and calculable out of pocket expenses. Second, Non-pecuniary damages to compensation for pain, suffering and loss of amenities and loss of enjoyment of…
Brain injury following a car accident needs to be documented and treated for the greatest chance of a person being put back in the position they were in before the injury. Here are three important steps to take if you have suffered a brain injury in a car accident: Brain Injury Management Plan In the First…