ICBC Claims: Accident Types
If you or a loved one has experienced an accident, no matter what type, then expert legal advice from our personal injury lawyers will help you every step of the way.
In car accident cases, an injured person has to prove the accident was caused by the negligence of another person. However, even if it’s clear another driver is at fault for an accident, ICBC, on behalf of the other driver, can argue that an injured person was also partly to blame for an accident and the injured person’s damages should be reduced on a percentage basis.
It’s possible that your damages can be reduced if you were not wearing your seat belt, did not properly adjust your headrest, you travelled slightly over the speed limit, or for other potential reasons. In any case, even where liability for the accident seems clear cut, it’s important to contact a lawyer as soon as you can to obtain legal advice to protect your legal rights.
We have investigators who will get statements from witnesses to your accident so their evidence is preserved. We also hire accident reconstruction engineers when necessary to go to the scene of accidents (before they are altered) and survey the intersections. The engineer will also inspect the damage to the vehicles involved in the collision before they are salvaged or repaired. This allows the engineer to accurately reconstruct how the accident took place should ICBC deny liability on behalf of the driver who caused the accident. For a consultation, contact us.
Pedestrian cases can be very challenging for a number of reasons:
- There are often complicated legal questions arising from the conflicting rights of ways between pedestrians and vehicles.
- A pedestrian’s injuries are often extreme, with little physical evidence available at the scene of the accident to help determine exactly what happened.
- Pedestrians frequently don’t have a good recollection of what happened as they often have disrupted memory due to the force of the impact.
It’s imperative to preserve as much evidence as possible following a pedestrian accident. We have investigators who will get statements from witnesses to your accident so their evidence is preserved. We also hire accident reconstruction engineers when required to survey the scene of an accident before it’s altered. The engineer will also inspect the damage to the vehicle involved in the collision to preserve evidence. This allows our engineer to reconstruct the accident if ICBC denies liability on behalf of the driver who hit the pedestrian. For a consultation, contact us.
Motorcycle Accidents & Bicycle Accidents
With ICBC claims involving motorcycles and bicycles there are often issues surrounding the ability of the driver to see the motorcyclist or cyclist, as well as the speed of the motorcyclist or cyclist.
Accident reconstruction engineer literature recognizes that witnesses often overestimate the speed of motorcycles and bicycles in comparison to cars. As a result of this phenomenon, motorcyclists and cyclists are often blamed for accidents on the basis that they were travelling too fast and there was no opportunity for the driver of the car that hit them to see and avoid them.
It’s very important to preserve as much evidence as possible following an accident involving a motorcyclist or bicyclist. Our personal injury law firm has investigators who will get statements from the witnesses to your accident so that evidence is preserved. We also hire accident reconstruction engineers as required to survey the scene of the accident before it is altered as well as the intersection. The engineer will also inspect the damage to the vehicles involved in the collision to preserve additional evidence. This allows the engineer to reconstruct the accident if ICBC denies liability on behalf of the motorist responsible for the collision. For a consultation, contact us.
Hit & Run Claims
If you are hit by a driver who leaves the scene of the accident, you can still make a claim for your injuries.
The relevant legislation in BC allows you to claim against ICBC in place of the unidentified driver. However, there are important steps you must take as soon as possible in order to try and identify the unidentified driver. Without this action, your claim against ICBC may be disallowed.
If you have been injured in a hit and run accident, contact our lawyers as soon as possible so we can protect your rights.