Victoria Accident Lawyer

Motor vehicle collisions can leave one or more parties with serious injuries, from broken limbs and facial lacerations to traumatic brain injuries and chronic neck or back pain that lasts for life. If you were involved in any type of motor vehicle collision, whether you were a driver, passenger, motorcyclist, pedestrian, or bicyclist, you have an opportunity to seek civil damages by working with a Victoria accident lawyer.

What Was the Cause of the Crash?

We handle collisions that were caused in all of the following manners:

  • Speeding;
  • Reckless driving;
  • Distracted driving;
  • Driving under the influence of alcohol or drugs;
  • Drowsy driving or falling asleep at the wheel;
  • Impatient driving;
  • Rear-end accidents;
  • Left-turn accidents;
  • Unsafe lane changes;
  • Single vehicle accidents;
  • and more.

Were You Hit by a Distracted Driver?

Car safety technology, including crash avoidance, is at the highest ever level right now. Police enforcement and road conditions have not rapidly declined in the last few years, and an improving economy and cheap petroleum prices do not account alone for this drastic spike in collisions. The root of the problem is driver distraction, and the chances are high that the driver who caused your injuries was talking on the phone, texting, punching in a number, reaching for a phone, or even taking pictures, answering an email, watching a video or simply not paying attention. According to ICBC, distracted driving now kills more British Columbia road users than impaired driving.

Do We Need to Seek a Court Order for Their Cell Phone Records?

If you were injured by a distracted driver, it can be difficult to prove that he or she was on the cell phone at the time of the crash unless the driver admits to it. Luckily, many people will admit to it initially during a conversation with the other party involved in the collision, another witness, or even the police when giving a crash scene statement. However, they may go back on this statement at a later time.

One option is to seek a court order for their cell phone usage data, though this is typically not necessary. In situations that involve a failure to yield, tailgating, swerving out of the designated lane of traffic, or going through a red light--all common among distracted drivers--it does not matter why the negligent driver did what they did, it only matters that they did it. As such, the most important question to answer is how the crash occurred. Did the other driver fail to yield to you? Were they speeding? Did they roll through a stop sign? Did they drift into your lane and hit you from the side? An experienced lawyer will conduct an investigation to answer these types of questions.

Inclement Weather Does Not Absolve a Driver From Liability

A common excuse that negligent drivers will make is that the sun was in their eyes, the road was slippery from ice, they hydroplaned on standing water and could not stop in time, or that other road conditions lead to their inevitable and unavoidable crash. After all, collisions from winter weather often do lead to more collisions, such as when blowing snow caused a white out and sent multiple BC drivers to the hospital, as reported by CTV News. However, drivers have the responsibility to adjust their speed, following distance, and other behaviours when weather conditions become inclement. They may still be held liable for your damages when they cause a collision, even if the weather was poor.

Damages That You can Seek From the Negligent Driver

  • Out of pocket medical costs;
  • Other medical expenses;
  • Pain and suffering;
  • Emotional distress;
  • Loss of joy of life;
  • Lost earning capacity and lost wages;
  • Housekeeping expenses;
  • Property damage; and

Common Types of Injuries Sustained in BC Traffic Collisions

  • Traumatic brain injury, including concussions;
  • Broken limbs;
  • Contusions;
  • Lacerations;
  • Scarring or disfigurement;
  • Whiplash;
  • Spinal cord injuries;
  • Chronic back and neck pain;
  • Tendon or ligament tears;
  • Depression;
  • Driving anxiety;
  • Burns; and,
  • Other soft tissue injuries to muscles and/or ligaments.

Damages Collected in Fatal Collisions

The 10-year average for fatal collisions in BC is 321 deaths per year, according to Road Safety BC. Luckily, fatal collisions have been on a steady decline since 2007, but these tragedies are still happening at an alarming rate. A deceased victim’s family may file a wrongful death claim for the following damages:

  • Out of pocket medical expenses;
  • Loss of a financial provider;
  • Property damage;
  • Funeral and burial costs; and

Call a Victoria Accident Lawyer Today for Help

A lawyer will not only work tirelessly for the largest settlement or lawsuit award possible, but will be an advocate for you throughout your recovery process. A lawyer will help in dealing with your own insurance company, working closely with law enforcement and investigators, and managing other tasks so that you can focus on getting better and being with your loved ones. Call our Preszler Law accident lawyers at 1-844-373-8202 for help today.