Motor Vehicle Accidents

When Rejecting an ICBC Offer is Reasonable

The Supreme Court has confirmed that it is not unreasonable for a car accident claimant to reject an ICBC offer if the medical evidence supports a claim of chronic pain not recognized in the offer (Bains v. Antle, 2017 BCSC 590).  This claimant was … Continue reading

Google Earth to be an Important Tool in the Injury Lawyers Toolkit

Unquestionably one of the most compelling destination compendiums of our planet,  Google Earth is sure to assist many personal injury lawyers steer clients and potential clients in the right direction.  The future is bright for this mother of all Earth browsers, … Continue reading

Credibility Issue no Bar to Summary Trial in Personal Injury Case

This injury claimant alleged the bridge designers failed to properly design a manhole cover near the Pitt River Bridge resulting in his car accident injury. The claimant described the manhole as protruding some inches above the surface of the roadway. His claim was dismissed … Continue reading

Causation Conflated with Mitigation in Chronic Pain Case

  A principal issue in this car accident injury appeal was whether the trial judge erred in finding that the claimant had failed to mitigate.  The symptoms of chronic pain having been conclusively established by the finding of causation, ICBC failed to … Continue reading

$75,000 for Chronic Injuries to Neck and Shoulder

  A money award after a car accident or fall is meant to provide some solace to an innocent victim of personal injury. Some injuries are not amenable to treatment or complete recovery, such as chronic pain syndrome, and victims … Continue reading

Litigant Without Lawyer Ordered to Pay ICBC Costs

After being injured in two cars accidents, the first on the Alex Fraser Bridge, this litigant swaggered into court without a lawyer. ICBC offered him $75,000 but he refused and was awarded $60,000 at trial, all of which will have to be paid … Continue reading

Left Turning Vehicle at Fault in Classic Legal Analysis

Car accidents involving one vehicle turning left into the path of another not only cause significant personal injury these collisions raise serious issues of fault and legal liability. The sole issue in this personal injury case was the determination of fault for … Continue reading

Stapley v. Hejslet used for $80,000 Stoic Soft Tissue Injury Award

This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did … Continue reading

Rear-end Collision Draws Inference of Negligence against Rear ending Driver

Is it common sense and the law in BC that a driver rear ending another quickly stopping vehicle is at fault for following too closely, unless there is evidence to the contrary.  The following personal injury case tried unsuccessfully to … Continue reading

Hit and Run Claim Wins With no Sign Posted

After being injured in a hit and run car accident a claimant has an obligation to make best efforts to find the other driver in order to pursue a personal injury claim with ICBC. In this case ICBC suggested that … Continue reading