This was a personal injury trial involving claims of brain injury, whiplash and spinal fracture. The bicycle accident occurred on Broadway Street in Vancouver, approaching the intersection of Broadway and Guelph Street. The cyclist was proceeded forward when a vehicle turned left hitting his bicycle.( Davis v. Jeyaratnam, 2022 BCCA 273) The Witness Statement The…
When investigating an ICBC injury claim, ICBC will often attempt to interview and speak to various witnesses who may have information about the injured claimant and his/her claim. Part of this investigation often includes contacting the injured claimant’s friends, family, co-workers and employers. If the witnesses do not voluntarily agree to speak to ICBC or…
Blaming innocent victims for not calling expert witnesses sounds unfair. The Insurance Corporation of British Columbia defends guilty drivers. The guilty drivers blame claimants for not paying doctors to testify at trial. Then they ask the court to draw an adverse inference. The current government changed the expert rules to help the state run auto…
The claimant boarded a city bus in Vancouver that accelerated suddenly causing her to lose her balance and fall. She sued, without a personal injury lawyer, and the trial judge dismissed her claim. The bus company cross examined the claimant using surveillance video in a subsequent bus incident to impeach her credibility claiming it was a…
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…
Even if an injury claimant wins at trial in an ICBC injury claim, defendant’s have a right of appeal. In this case even though the defendant lost at trial they alleged that the trial judge was wrong and should have blamed the claimant for her own injuries (failure to mitigate) and should have drawn an adverse…
The claimant was injured in a single vehicle accident when she lost control of her vehicle due to slippery road conditions. The Claimant said that the defendants, responsible for highway maintenance in the area where the accident occurred, were negligent. The Capilano defendants deny liability and say that they complied with their duties. The road…
The following personal injury case will be used as a case study into what not to do as a personal injury claimant. Almost everything a personal injury claimant should not do after a car accident, is contained in this injury case (T. v. ICBC, 2015 BCSC 359). The trial judge should be commended, if not compensated…
In a stunning decision the BC Court of Appeal ordered a new trial after this personal injury claim was wrongly dismissed(Miller v. Dent, 2014 BCCA 234). The trial judge failed to determine whether the traffic light was green, red or yellow at the material time and therefore the Court of Appeal found that it was wrong…