Car Accident

Schmidt v. ICBC: Photographs Favour Insurer’s Version of Vancouver Auto Accident

September 15, 2019

Categories: Car Accident

Tagged with: car accident, ICBC

It probably comes as no surprise that most car accidents occur at intersections. In fact, according to ICBC, intersection collisions represent about 60% of all motor vehicle accidents in B.C. For that reason, ICBC and the provincial government spearheaded the installation of over 140 “red light cameras” throughout B.C. in order to promote safer driving … Continue reading Schmidt v. ICBC: Photographs Favour Insurer’s Version of Vancouver Auto Accident

Who Will a Judge Believe in a “He Said/She Said” Car Accident Lawsuit?

September 15, 2019

Categories: Car Accident

Tagged with: car accident liability

Determining liability for a car accident often comes down to whom a B.C. judge finds more credible, the plaintiff or the defendant. In the absence of accident reconstruction experts or other specialists, personal injury claims typically succeed (or fail) based on a person’s ability to recall an accident that happened several years earlier. While judges do … Continue reading Who Will a Judge Believe in a “He Said/She Said” Car Accident Lawsuit?

Gill v. Lai: B.C. Court of Appeal Reduces Damage Award to Victim of Multiple Car Accidents

September 15, 2019

Categories: Car Accident, Personal Injury

Tagged with: car accidents

Car accidents can have serious, long-term ramifications for your ability to earn a living. Many accident victims find they are unable to return to work for months or years afterwards. Even those who do return to work may find their ability to advance in their careers sharply curtailed by their accident-related injuries. The Two Accidents … Continue reading Gill v. Lai: B.C. Court of Appeal Reduces Damage Award to Victim of Multiple Car Accidents

How Does an Auto Accident Affect a Self-Employed Person’s Income?

September 15, 2019

Categories: Car Accident, Motor Vehicle Accident, Personal Injury

Tagged with: self-employed

If you are self-employed, an auto accident can have a devastating impact on your ability to earn a living. Especially if you work in an industry where client demand tends to fluctuate, it may be difficult to calculate the precise loss of income attributable to an accident. Nevertheless, B.C. judges have a legal duty to … Continue reading How Does an Auto Accident Affect a Self-Employed Person’s Income?

Cardinal v. McKay: Self-Represented Plaintiff Held Liable for Prince George Accident

September 15, 2019

Categories: Car Accident

Tagged with: Self-Represented Plaintiff

Although some car accident lawsuits require detailed reconstruction through the use of expert testimony to determine who was responsible, many other cases simply come down to the conflicting testimony of the plaintiff and the defendant. It is therefore up to the trial judge to decide whose testimony is more credible, and thus who is liable … Continue reading Cardinal v. McKay: Self-Represented Plaintiff Held Liable for Prince George Accident

Dornan v. Stephens: How do Prior Brain Injuries Factor into a Personal Injury Claim?

September 15, 2019

Categories: Car Accident, Personal Injury

Tagged with: brain injuries, medical history

If you have sustained serious injuries in a car accident, both the negligent driver and ICBC will go over your past medical history with a fine-tooth comb. It is in their interests to find anything in your past that might reduce their own liability for the accident. Even if the accident aggravated a pre-existing injury, … Continue reading Dornan v. Stephens: How do Prior Brain Injuries Factor into a Personal Injury Claim?

Laliberte v. Jarma: Does Being a Single Mother Affect a Personal Injury Award?

September 15, 2019

Categories: Car Accident, Personal Injury

Tagged with: personal injury award

When it comes to personal injury claims arising from auto accidents in B.C., there is no one-size-fits all formula. A judge will take into account a number of factors related to the victim’s educational, employment, and even family status when determining damages for things like loss of past and future income or pain and suffering. … Continue reading Laliberte v. Jarma: Does Being a Single Mother Affect a Personal Injury Award?

Won v. ICBC: Small Claims Tribunal Rejects Claim “Other Driver” Responsible for Intersection Collision*

August 25, 2019

Categories: Car Accident

Tagged with: ICBC

Anytime there is an auto accident in B.C., you can rest assured that ICBC will be involved. ICBC adjusters are generally responsible for making the initial determination of which driver, if any, was liable for the accident. Even when, as is often the case, all of the drivers involved are insured by ICBC, the adjuster … Continue reading Won v. ICBC: Small Claims Tribunal Rejects Claim “Other Driver” Responsible for Intersection Collision*

Li v. ICBC: Driver Held At-Fault for Changing Lanes in Front of TransLink Bus

August 25, 2019

Categories: Car Accident

Tagged with: at-fault

Whenever an auto accident occurs in Vancouver, ICBC is likely to be involved. An ICBC adjuster will typically review the circumstances surrounding the accident and determine who was at-fault. If you find yourself on the negative end of such a decision, you may need to go to court to vindicate your rights, particularly if you … Continue reading Li v. ICBC: Driver Held At-Fault for Changing Lanes in Front of TransLink Bus

Laliberte v. Jarma: Does Being a Single Mother Affect a Personal Injury Award?

August 25, 2019

Categories: Car Accident, Personal Injury

 

When it comes to personal injury claims arising from auto accidents in B.C., there is no one-size-fits all formula. A judge will take into account a number of factors related to the victim’s educational, employment, and even family status when determining damages for things like loss of past and future income or pain and suffering. … Continue reading Laliberte v. Jarma: Does Being a Single Mother Affect a Personal Injury Award?

Khademolhosseini v Ji: Engineering Doctor Claims Car Accident Holding Him Back in His Career

August 25, 2019

Categories: Car Accident

Tagged with: car accident

A car accident can turn a victim’s life upside down in a matter of seconds. The physical and mental trauma of an accident can affect the victim’s ability to work, engage in recreational activities, and even perform the basic tasks of daily living. When such injuries are the result of third-party negligence, the victim has … Continue reading Khademolhosseini v Ji: Engineering Doctor Claims Car Accident Holding Him Back in His Career

Harper v. Insurance Corporation of British Columbia: ICBC Faults Incorrect Driver for Auto Accident

August 25, 2019

Categories: Car Accident

Tagged with: ICBC

ICBC is often in the position of deciding who was responsible for causing a multi-car accident. But just because ICBC’s adjusters think they know what happened, that does not mean they have the last word. If you find yourself on the wrong end of an ICBC liability determination, you have the right to take the … Continue reading Harper v. Insurance Corporation of British Columbia: ICBC Faults Incorrect Driver for Auto Accident

Goldie v McLean: Pair of Auto Accidents Cause Kelowna Welder Chronic Back Pain

August 25, 2019

Categories: Car Accident, Personal Injury

Tagged with: chronic pain

One of the most common outcomes of an auto accident is chronic pain, particularly in the victim’s back. Indeed, such back pain may linger in a victim for years following an accident and affect his or her ability to work or carry out the basic activities of daily living. When the accident itself was the … Continue reading Goldie v McLean: Pair of Auto Accidents Cause Kelowna Welder Chronic Back Pain

Behragam v Paviglianiti: Bicyclist Not at Fault for Vancouver Intersection Accident

August 25, 2019

Categories: bicycle accident, Car Accident

Tagged with: bicycle accident, car accident, intersection accident

There is a popular misconception–really, a dangerous urban myth–that motor vehicles always have the right-of-way over bicycles. Such thinking obviously stems from the fact that motorists vastly outnumber cyclists, even in bicycle-friendly places like Vancouver. Still, such thinking is wrong. B.C. law does not give drivers of cars and trucks special rights on the public … Continue reading Behragam v Paviglianiti: Bicyclist Not at Fault for Vancouver Intersection Accident

Bay v. Woollard: Plaintiff Found 75% Liable for Three-Car Accident Near Vancouver Airport

August 25, 2019

Categories: Car Accident

 

Sorting out legal responsibility for a car accident is significantly more complicated when there are more than two vehicles involved. Consider a chain-reaction accident that takes place between three cars, i.e., Car A hits Car B followed by Car B hitting Car C. Which of the three drivers, if any, is liable for damages sustained … Continue reading Bay v. Woollard: Plaintiff Found 75% Liable for Three-Car Accident Near Vancouver Airport

Minimal Damage to Vehicle = Big Award!

July 29, 2019

Categories: Car Accident, Motor Vehicle Accident

Tagged with: car accident

Our lawyers Almira Esmail and Tyler Dennis recently received news of another victory in the recent judgment of Khademolhosseini v. Ji, 2019 BCSC 854. On December 23, 2014 Dr. Khademolhosseini was in a rear-end accident where there was minimal damage to his vehicle. The defence argued that there would be no loss to his future earnings because … Continue reading Minimal Damage to Vehicle = Big Award!

Another Trial Success!

July 29, 2019

Categories: Car Accident, Motor Vehicle Accident

Tagged with: car accident, motor vehicle accident

Trial Success: Our lawyers Nathanial Hartney and Tyler Dennis recently reasons for judgment for Dale v. Vickers, 2019 BCSC 821 handed down by Madam Justice Fleming. This was a complex case involving a young legal assistant that was injured in three separate motor vehicle accidents, the first occurring May 8, 2013. Prior to speaking with a lawyer, … Continue reading Another Trial Success!

British Columbia Seatbelt Laws: What you Need to Know

March 27, 2019

Categories: All Blogs, Car Accident, Motor Vehicle Accident, Personal Injury, Truck Accident

 

Cars have been equipped with seatbelts for decades.  The regulation of seatbelts and the impact that they have on both drivers and passengers in the unfortunate event of a motor vehicle crash have been the subject of much debate over the years. There are some schools of thought that would believe that seatbelts are not … Continue reading British Columbia Seatbelt Laws: What you Need to Know

Rickett v. Sangra: Burnaby Judge Awards $355,000 to Man Injured in 2015 Car Accident

March 20, 2019

Categories: All Blogs, Car Accident, Case Study, Personal Injury

 

Some of us are just not “complainers” by nature. That is to say, if certain people are involved in a car accident, they will not complain or “make a fuss” about their injuries or pain. Of course, they will still seek medical attention. But they just are not the type to complain about any ongoing … Continue reading Rickett v. Sangra: Burnaby Judge Awards $355,000 to Man Injured in 2015 Car Accident

Do You Need to Get a Police Report After a Car Accident?

March 20, 2019

Categories: All Blogs, Car Accident, Case Study, Motor Vehicle Accident, Personal Injury

 

One of the more common mistakes people make following a car accident is failing to contact the local police. B.C. law actually requires anyone involved in an accident to notify the police within 24 hours (or 48 hours in rural areas) if the estimated damages exceed $1,000. Even if you are unsure of the amount … Continue reading Do You Need to Get a Police Report After a Car Accident?

Proving Loss of Future Earning Capacity While in School

March 20, 2019

Categories: All Blogs, Car Accident, Case Study, Personal Injury

 

A motor vehicle accident can leave you with debilitating, long-term pain that makes it impossible for you to return to your previous job. For this reason, B.C. law permits damages for loss of an accident victim’s “future earning capacity.” Calculating this category of damages is often easier said than done. If the victim was regularly … Continue reading Proving Loss of Future Earning Capacity While in School

Quantifying the Psychological and Career Damages Caused by a B.C. Auto Accident

March 20, 2019

Categories: All Blogs, Car Accident, Motor Vehicle Accident

 

Calculating the exact amount of a car accident victim’s injuries is often not a simple task. For instance, how do you put a dollar amount on the long-term effects of depression, anxiety, and post-traumatic stress disorder, all of which may result from a serious accident? Even when discussing economic damages, such as the loss of … Continue reading Quantifying the Psychological and Career Damages Caused by a B.C. Auto Accident

The Importance of Witness Credibility in B.C. Car Accident Cases

March 20, 2019

Categories: All Blogs, Car Accident, Case Study

 

There are some personal injury lawsuits arising from car accidents in which both sides offer extensive expert testimony to bolster their respective cases. In other cases, there is little evidence available to the court aside from the testimony of the parties themselves and any witnesses at the scene. In these situations, the trial judge is … Continue reading The Importance of Witness Credibility in B.C. Car Accident Cases

Who is Responsible When a B.C. Motorist Hits a Dog?

March 18, 2019

Categories: Car Accident, Case Study, ICBC Claims

 

Not all multi-party car accidents involve two motor vehicles. In B.C., it is not uncommon for a car to hit a moose or another wild animal. In more populated urban areas, there are frequently collisions between cars and household pets such as dogs. If you are involved in a vehicle-animal collision, do not assume that … Continue reading Who is Responsible When a B.C. Motorist Hits a Dog?

Who is Responsible for an Ambulance Accident?

March 18, 2019

Categories: All Blogs, Car Accident, Case Study, Motor Vehicle Accident, Personal Injury

 

Under the normal rules of the road, speeding and running a red light are the type of reckless acts that would make you liable for a car accident. There is a critical exception for emergency vehicles such as ambulances. Under B.C. law, the driver of an emergency vehicle may “exceed the speed limit” and “proceed … Continue reading Who is Responsible for an Ambulance Accident?

Do I Need a Lawyer for a Personal Injury Case in British Columbia?

March 18, 2019

Categories: All Blogs, Car Accident, Case Study, Personal Injury

 

When you have been seriously injured in a car accident and are facing financial hardship, you may be hesitant to contact a lawyer about your case. But the fact of the matter is that attempting to serve as your own lawyer in a personal injury lawsuit, especially one where you are seeking a significant amount … Continue reading Do I Need a Lawyer for a Personal Injury Case in British Columbia?

Can a B.C. Accident Victim Claim the Cost of Medical Cannabis as Damages?

March 18, 2019

Categories: All Blogs, Car Accident, Case Study

 

It is a basic principle of B.C. law that an accident victim is entitled to recover the costs of past and future medical care related to his or her injuries. To give a simple example, if you are hit by a car and your doctor prescribes painkillers to help you manage the pain, the negligent … Continue reading Can a B.C. Accident Victim Claim the Cost of Medical Cannabis as Damages?