West Kelowna ICBC Lawyer
The majority of traffic collisions are not the fault of bad weather, unfortunate circumstance, or poor road conditions; almost all crashes are caused simply by driver error. Traffic “accidents” are no accident, they are caused by inattention, drowsy driving, intoxication, distraction, aggression, and impatience, and all of these are choices made by the at-fault driver. They are not acts of nature or simple bad luck. What must happen following any traffic collision includes a thorough investigation headed by an experienced ICBC lawyer to determine the cause of the crash, who is at fault, and what the liable party is responsible for paying in terms of damages.
Just because the victim’s damages amount to $200,000, for example, does not mean that the other party’s insurance adjuster with ICBC will simply cut a check and let the victim be on their way. ICBC claims are much more complex than that and can involve months of negotiating. We highly recommend that you talk with an ICBC lawyer before discussing your claim with an insurance adjuster or anyone else. The ICBC lawyers with Preszler Injury Lawyers will maximize your compensation and take the stress, confusion, and hassle of dealing with an injury claim out of your hands.
What is Negligence?
Negligent driving occurs when one or more drivers fail to operate their vehicle with the duty of care required by law, and negligent drivers should be held liable for financial compensation when they cause injury to another road user. Negligence can take on many forms, and includes the following:
- Distracted Driving: Distracted driving is any behavior that causes the driver to lose focus on driving. Most commonly, drivers are distracted by their phones or GPS devices, talking with passengers, reaching for objects in the car, and adjusting the radio. In terms of electronic devices, cell phones are wreaking havoc on our roadways. In British Columbia, the fine for using a hand-held electronic device is just $167, which is one of the lowest fines in Canada according to CBC News.
- Aggressive or Impatient Driving: Aggressive, impatient drivers switch lanes frequently, fail to use turn signals, speed, and cut others off at intersections and while merging lanes. This type of road rage driving is a problem in Canada, with some provinces seeing an 80% increase in aggressive driving-related fatalities, according to Global News Canada;
- Driving Under the Influence of Alcohol or Drugs: Alcohol-caused collisions often end in serious injuries, or death, for innocent victims due to the high speed and reckless nature of drunk drivers; and,
- Drowsy Driving: Any amount of fatigue, just like any amount of intoxication, causes significant driving impairment.
The official traffic collision report conducted by the police may or may not reveal the other party’s negligence following their investigation. Sometimes witnesses get mixed up or their accounts are not taken down properly. Crash scene reconstructionists may make mistakes or a proper investigation may not have occurred. In some cases, police bias (such as bias against pedestrians or bicyclists) may be present and cause the truth to be distorted. Whatever the case may be, these investigations are not always accurate. However, even if law enforcement does not get it right, you still have a chance of winning your case in civil court by working with a lawyer.
What You Need to do After an ICBC Traffic Collision Occurs
The most important thing to remember when you get injured in an ICBC collision is to avoid talking with ICBC insurance adjusters. Anything you say to them can negatively impact your level of compensation, even if you are insured by ICBC. ICBC does not have to act in your best interest when it comes to a negligence claim; in fact, as a matter of law, we have an adversarial court system and ICBC is your adversary. ICBC may blame you for the collision as a means to skirt their responsibility to pay a third party liability claim or gather information from you that will harm your claim.
Call the West Kelowna Lawyers at Preszler Injury Lawyers Today
If you were injured as a driver, passenger, pedestrian, bicyclist, motorcyclist, or any other road user, you have the right to pursue compensation with the legal guidance of an experienced ICBC lawyer. Your compensation may be larger than you think, and we want to make sure that you get every dollar owed to you for your out of pocket medical expenses, pain and suffering, property damage, lost wages, and more. Feel free to give our West Kelowna ICBC lawyers a call today by reaching out to the Preszler Injury Lawyers at 1-844-373-8202.