ICBC Claim Dismissed for Failure to Appear

This ICBC injury claimant, without a lawyer, failed to appear at his trial. The Judge dismissed the claim. In this court application the claimant sought leave to appeal the order dismissing his lawsuit for damages. The case  arose out of a car accident that occurred in March 2015. He claimed that the defendants’ car rear‑ended…

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Claim Dismissed at Trial – Injured Claimant Fails to Prove Negligence Against Unidentified Driver

As discussed in prior blog posts, the issue of liability is central to all personal injury claims.  An injured claimant who wants to pursue compensation for injuries must prove that another driver was negligent and that this negligence caused the motor vehicle accident and the injuries.  An injured claimant cannot be found entirely at fault…

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Vancouver ICBC Lawyer – ICBC Punished for Reprehensible Conduct at Trial

In Zhang v. 328633 BC Ltd. 2020 BCSC 1521, the injured claimant sought damages for injuries she suffered in 2 motor vehicle accidents.  In the first motor vehicle accident, she was rear-ended and ICBC admitted fault.  In the second motor vehicle accident, she was a passenger in a transit bus.  An unidentified driver tried to…

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Vancouver ICBC Lawyer – Who is at Fault for an Inevitable Motor Vehicle Accident?

To determine if you are entitled to compensation from ICBC for injuries suffered in a motor vehicle, the first step is to identify who was liable or at fault for the collision.  This is known as liability.  Determining who was at fault for the accident is important because a claim for compensation is based in…

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Injured Claimant At Fault for Rear End Accident – Appeal Dismissed

In the usual course, a driver who rear-ends another vehicle will be found at fault for the accident. It is only in exceptional circumstances that the driver who was rear ended will be liable such as when he/she made a sudden, unexpected and unexplained stop. In Bains v. Chatakanonda 2018 BCSC 2412, the claimant was…

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Volvo Loses Appeal on $4.8 Million Mental Injury Award

  In this personal injury case Volvo was found 100% liable for negligent manufacture, negligent design and failure to warn for a Volvo 780 truck purchased in 2007. The appellants, Volvo Trucks North America Inc. and National Truck Centre Inc. dba Pacific Coast Heavy Truck Group, appealed an order that they pay damages to the…

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Rear Ending Vehicle Not Faulted for Agony of Collision

In this unusual car accident case the claimant was driving west on Marine Way in Burnaby approaching Byrne Road when a vehicle driving east lost control of his car, went over the median and collided with the claimant’s vehicle. Another vehicle was travelling west on Marine Way behind the claimant and rear-ended the claimant’s vehicle. The claims…

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Train Owner Faulted for $2.4 Million Railway Crossing Injury

The injury claimant suffered a spinal cord injury and a traumatic brain injury  when a train owned by the Canadian National Railway, CNR,  struck her car as she crossed the railway tracks on Smith Crescent close to Glover Road in Langley, BC. The judge found CNR failed to maintain adequate sightlines at the Crossing by allowing an overgrowth of…

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Divisibility and Liability in Multiple Car Accident Claims

This Court of Appeal case arose from a three car accident personal injury claim. This case was complicated by numerous tortious and non-tortious incidents which caused or aggravated the chronic mental and physical injuries before and after the car accidents in question.(Khudabux v. McClary,2018 BCCA 234) A review of the trial judge’s reasons can be found at  $75,000 pain and suffering Award for…

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