To claim damages an injured Plaintiff must establish liability, proving that the Defendant was at fault. In some cases, a Defendant may argue that he or she is not liable based on the “inevitable accident” defense. In other words, there...
In Hsu v. Choquette, 2015 BCSC 1123, the Court considered whether the Plaintiff developed thoracic outlet syndrome following a motor vehicle collision. The court accepted that the motor vehicle collision caused “reasonably severe soft-tissue issues that go into spasm regularly,...
What do you do if you are in a car accident while you are in the course of your employment? The answer depends on whether or not the other driver was also driving while in the course of their employment.If...
Many of the cases that personal injury lawyers handle involve motor vehicles hitting pedestrians, usually while they are crossing the street. However, the case of Starchuk v. Hannig, 2016 BCSC 1655, is a unique pedestrian accident.In 2013, the Plaintiff was a...
If a driver admits he was at fault in an accident in which his passengers are injured, doesn’t it make sense that that admission would apply to all the passengers? Most of you are probably nodding your head “yes”. Unfortunately,...
People injured in motor vehicle accidents often use their sick leave while trying to recover from their injuries. As part of your personal injury settlement, ICBC should be asked to reimburse you for the loss of sick leave credits, so...
In personal injury cases, an injury often results in a reduced capacity to earn income in the future. But what happens if you have to change jobs as a result of the accident… and you end up earning more money?In...
The case of Ilett v. Buckley, 2016 BCSC 1407, reaffirms that drivers must make sure they can turn left safely before proceeding.The Plaintiff was cycling on the shoulder of the northbound lane of Admirals Rd. As he proceeded through an intersection...
The Honourable Mr. Justice Funt, of the British Columbia Supreme Court, lambasted ICBC last week for withholding evidence in a personal injury trial. Justice Funt rebuked ICBC for their misconduct and, for the first time ever, ordered them to pay...
In the case of Agar v. Leonard, 2016 BCSC 1430, the Plaintiff was proceeding through an intersection when the Defendant suddenly turned left in front of her. She was unable to avoid the collision and hit the side of the Defendant’s...