Preszler is proud to announce another fantastic trial win. The BC Supreme Court recently published reasons for their decision in Guan v Hayward, 2020 BCSC 552. In Guan, Preszler lawyer Josie Guglielmucci obtained a $124,744 award for the 25-year-old plaintiff who had been injured in a motor vehicle accident. This award is many times higher … Continue reading Preszler Injury Lawyers Once Again Victorious at Trial at Guan v Hayward
The BC Supreme Court recently published reasons for their decision in Bucholtz v Zhang, 2020 BCSC 571. In Bucholtz, Preszler lawyer Seth Wheeldon obtained a $188,603 judgment in favour of the plaintiff. This is a strong result considering that the plaintiff worked through his pain and therefore had not suffered any wage loss. For background, … Continue reading Preszler Injury Lawyers Win at Trial Again
If you were injured in a car accident, you could receive a settlement from the ICBC. However, the amount of your settlement depends on various factors, including your degree of responsibility for the crash. Another critical factor is whether you have legal representation— at Preszler Law, we know the many types of damages recoverable. Most … Continue reading Can I Get a Settlement for a Car Accident?
Everyone likes to have a good time–especially during the holidays. Whether a party is centred around a holiday or a gathering of friends, alcohol is commonly involved. If you are hosting a party with alcohol, you are likely concerned with ensuring your guests have a good time. However, if you do not take measures to ensure … Continue reading If I Throw a Party Am I Responsible for the Actions of My Guests?
Historically, the tools available to determine fault in a car accident were limited. Investigators could inspect the damage to the vehicle and interview witnesses, but the cause was often hard to determine. When both drivers pointed the finger at each other– often it could be impossible to determine fault. As technology continued to spread, personal … Continue reading Should I Use a Dashcam in British Columbia?
Canada’s citizens are known worldwide for demonstrating an uncommonly high degree of care and concern for their fellow countrymen. However, this penchant for politeness can work against your interests in an automobile accident. Under certain circumstances, a polite apology after a car crash might be interpreted as an admission of liability. The legislature in British … Continue reading Is Apologizing After a Car Accident Admitting Fault?
For years, pain and suffering damages were a common part of small claims lawsuits in British Columbia. Even seemingly minor injuries often resulted in substantial awards. A steady increase in the amount of benefits paid out each year led to the provincial government to drastically reduce them. Now, the government places a firm cap on … Continue reading Is Pain and Suffering Awarded After a Minor Car Accident?
If you leave the scene of any car accident that causes injuries to people, animals or results in some property damage, you may be both civilly and criminally liable for hit and run. After you are in an automobile collision, the laws of Canada and British Columbia obligate you to stop and investigate and to … Continue reading Is Leaving the Scene of an Accident the Same as Hit and Run?
By law, anyone involved in a car accident must remain at the scene until law enforcement arrives. Leaving the scene after a collision results in Failing to Stop at the Scene of an Accident, a criminal offence with potentially serious penalties. This attempt to avoid responsibility is better known as a hit and run. The … Continue reading What Happens If Someone Leaves the Scene of an Accident?
Yes, the ICBC can request your medical records after an automobile accident. However, they often seek more information than what is absolutely necessary in order to minimize or deny your claim. The insurance company is a business, looking out for its bottom line, which could be at odds with paying you a fair settlement. For … Continue reading Can the ICBC Request Medical Records?
By law, unlicensed drivers are not covered by the ICBC. The ICBC requires that drivers of any insured vehicle are qualified and licenced to drive it. The owner of a vehicle must have a valid licence to drive it, and it is their responsibility to ensure that anyone driving the car is also licenced properly. … Continue reading Are Unlicensed Drivers Covered by the ICBC?
For many youths, earning a licence to drive is a rite of passage. For parents, supporting a child’s foray into greater independence is an exciting time, but it can also be fraught with anxiety. Fortunately, British Columbia uses a graduated licensing system designed to minimize risks and provide new drivers with the training they need … Continue reading How Do You Get a Licence as a Teenager in British Columbia?
Loaning your car to a friend or neighbour may seem like the most natural thing in the world. However, new ICBC regulations mean you should think twice before doing it. ICBC and car loaning On September 19, 2019, new ICBC rules concerning the loaning of vehicles came into effect. Motorists are now asked to list … Continue reading Can I Loan My Car to a Friend?
It is no secret that car accidents are traumatic. Broken bones, concussions, and traumatic brain injuries are only some of the consequences. In many cases, these are immediately obvious. After all, it is hard to miss a severe burn or a broken bone. However, others take time to manifest. Conditions involving soft tissue, or the … Continue reading Should I See a Doctor After a Car Accident?
Of all the types of automobile collisions, few are as dangerous as a T-bone accident. Commonly referred to as a side-impact crash, this results when the front of one vehicle collides with the side of another. Many victims of these accidents never see the other car until the moment of impact. Additionally, an impact to … Continue reading What Happens When Your Car is T-Boned?
There is no question that many car accidents result in extreme emotional distress and trauma. However, changes in ICBC regulations as of April 1, 2019, now consider any type of mental health issue due to a motor vehicle accident a “minor injury.” That means any claim of emotional distress or psychological problems stemming from an … Continue reading Can I Claim Emotional Distress After a Car Accident?
Motor vehicle accidents know no boundaries, but if you are involved in a collision outside your home province, ICBC regulations and your benefits might change. That is because each province – and country (if the accident happens in the U.S.) – has its own laws regarding auto insurance. If you were seriously injured in the … Continue reading What Happens If You Get Into an Accident in Another Province?
It is bad enough when the ICBC declares your car a total loss after a crash. It is even worse if you still owe money on the vehicle because the debt does not go away simply because the car is inoperable. While insurance should pay for the replacement value of the car, that replacement value … Continue reading What Happens If Your Car Gets Totalled and You Still Owe Money?
It might seem as if a deer lurks behind every tree. That perception is not far off, as British Columbia is home to approximately 250,000 coastal black-tailed deer, 190,000 mule deer, and 65,000 white-tailed deer. Each year, roughly four people die, and 380 people are hurt in deer and vehicle collisions. Whether or not ICBC … Continue reading What Happens If I Hit a Deer?
Anyone injured in a car accident is likely to need some time off work. For many people, it is just a matter of a day or so, but those who are seriously hurt may lose considerable time off the job. The good news is that the ICBC does provide wage loss benefits after a motor … Continue reading Can I Claim Lost Wages After a Car Accident?
Yes, you are required to report accidents to the Insurance Corporation of British Columbia (ICBC). Automobile accidents are traumatic events that can lead to anxiety, sadness, confusion, anger, and uncertainty. This mixture of emotions can affect your judgement in the days that follow. When a serious accident with injuries has occurred, you could be whisked away from … Continue reading Do You Have to Report an Accident to 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
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?
Driving in hazardous conditions is a common occurrence for B.C. drivers. It is important to exercise extra caution when there is bad weather that affects visibility on public highways. Failure to do so can result in a car accident, and in turn a personal injury lawsuit. For example, a B.C. Supreme Court judge recently held … Continue reading Ferguson v. Shan: Foggy Conditions Lead to Highway 97 Accident
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
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?
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
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?
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?
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*
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
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?
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
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
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
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
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
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!
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!
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
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
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?
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
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
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
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?
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?
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?
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?
The effects of a car accident can play out over a period of several years. In many cases, a victim’s injuries will degrade his or her ability to earn
When you are injured in a motor vehicle accident, your first thoughts go to seeking medical treatment. But shortly thereafter, you may realize that yo
A motor vehicle accident can leave you with permanent physical, mental, and emotional injuries. This can affect every aspect of your daily life going
On average, 1,300 children younger than 10 are injured in a motor vehicle collision in British Columbia each year, according to ICBC—and five die as
Many, if not most, motor vehicle accidents are the result of simple carelessness. Drivers must always pay attention to traffic and other road conditio
Motor vehicle accidents remain far too common in British Columbia. According to the most recent data published by the Insurance Corporation of British
Distracted driving is a major cause of car accidents in B.C. In many respects, drivers distracted by their phones and other electronic devices pose an
When dealing with the legal aftermath of car accident, you cannot assume that a B.C. judge will conclude that your claimed injuries were the direct re
After a motor vehicle accident, our immediate focus tends to be on treating any physical injuries. But accidents are also a serious form of trauma, on
In any auto accident case, the defence may invoke two legal principles designed to shift blame away from their own negligence and towards the plaintif
A car accident lasts just a few seconds, but it can have a lifelong impact on your physical and mental health. In many cases, an accident will lead to
In assessing damages following a car accident, a British Columbia judge will carefully scrutinize the victim’s pre-accident medical condition, includi
Preszler Law Firm can be seen regularly on CTV Vancouver “Ask An Expert”. Our lawyers will provide answers to your legal concerns from motor vehic
When fault is disputed following a car accident, it is always helpful if there are third-party witnesses around who can testify as to what happened. I
Picture this: You’re a passenger in your friend’s car. The two of you are traveling below the speed limit at night in a forested area of British C
Liability for a car accident often focuses on whether one or multiple drivers failed to obey applicable traffic laws. Consider the simple case of a dr
Many British Columbia residents work for themselves. This can have significant advantages, but there is also one big disadvantage: if you are seriously.
A traumatic brain injury is often dismissed as nothing more than “getting knocked out for a few seconds.” Indeed, the popular tendency to describe
The effects of a car accident can stay with a victim for the rest of his or her life. Naturally, that includes
Car accidents occur every day in British Columbia. Many result in little more than minor property damage that is easily
Last updated Aug. 31, 2018. For most British Columbians, being involved in an automobile accident is a thankfully rare occurrence. And being injured
On average, around 1,600 bicyclists and 2,600 pedestrians are injured in automobile accidents in British Columbia every year. Such accidents are among
British Columbia law requires that every driver in the province carry auto insurance provided by the Insurance Corporation of British Columbia