February 21st, 2012
In this infant personal injury claim a six year old boy riding his bicycle (McIlvenna v. Viebig, 2012 BCSC 218) was injured in a car crash with a motor vehicle. The car accident occurred near an uncontrolled T-intersection where a road that runs along the west side of the Tsawwassen Town Centre Mall intersects with Library Road in Delta, British Columbia. The young injury claimant was making a left turn on his bicycle and the trial was only concerned with the question of who was at fault for the accident.
This was the second trial of this personal injury case, a new trial having been ordered by the Court of Appeal in McIlvenna (Litigation guardian of) v. Viebig, 2008 BCCA 105.
The court concluded that , notwithstanding the obligation to use greater care because of the presence of children, the young injury claimant had not established that the other driver did not exercise reasonable care. The evidence established the contrary, that the accident occurred when the claimant cut the corner into the car’s oncoming lane, at a time when the car was driving with extreme care.
Interestingly, the judge went on to address whether, if his decision was wrong, the cyclist was contributorily negligent. Despite this boys tenders years the judge would have apportioned fault to the driver at 60% and the young cyclist at 40%. In making this find the judge stated, Read the rest of this entry »
Tags: At Fault, ICBC Injury claim, infant claim, Legal advice, Negligence
Posted in #1 Vancouver Bike Lane Experiences, Hiring a Personal Injury Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, Motor Vehicle Accidents | No Comments »
September 1st, 2011
ICBC car accident injury claims the same
Given the similar roadways in the Lower Mainland personal injury lawyers helping injury claimants usually deal with very similar types of car accident injuries. As you get into more pedestrian congested areas bike lane and pedestrian injuries become more common and even the best personal injury lawyer will need to do the proper legal research to strengthen the injury claim. Take a read of my article on getting the highest award for your ICBC injury claim.
The traffic volumes affect the level of car accident injuries in British Columbia, which are high in Vancouver, Burnaby and Richmond, and in my experience as a personal injury lawyer in Vancouver, no matter what your city, many of the top medical experts are located in the Lower Mainland area.
I have discussed finding a personal injury lawyer in Surrey BC before and would only add that if your claim is large enough to file in the Supreme Court of BC then you may need to file your lawsuit in Vancouver as there is currently no court registry in Surrey. There is also no Court Registry in Burnaby or Richmond to file an ICBC injury claim in Supreme Court.
When deciding on a personal injury lawyer the location of your lawyer can be more important than where you live. Most of the law relating to car accident injury claims is Provincial so any qualified lawyer in good standing with the Law Society of BC can take on your case. However, my best advice would be to speak to a law firm that only takes on personal injury claims and does not represent ICBC or any other insurance company. Posted by Mr. Renn A. Holness
Tags: British Columbia Lawyers, ICBC, ICBC Injury claim, ICBC Lawyers, Law Firm Personal Injury, Lawyer Vancouver, Lawyers in BC, Legal advice, Personal Injury Lawyers
Posted in #1 Vancouver Bike Lane Experiences, British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Lawyers, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Injury Attorneys, Legal Advice, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | 1 Comment »
July 26th, 2011
Vancouver Bike Lane Pedestrian Injuries Unknown
A City of Vancouver report released July 20, 2011 found that the total number of collisions reported to ICBC on Dunsmuir Street is down since the introduction of the bike lanes. According to the report, “The Five years 2005-2009 saw between 144 and 193 collisions per year and an average of 164 per year. During the 9 months following the installation of separated bike lanes on Dunsmuir Street, the number of collisions is reduced when compared to the 5-year average of same 9-month period of previous years. July 2010-March 2011 saw only 98 collisions, down 18% from the 119 average from the previous July-March periods (2005-2010). ICBC-reported collisions involving bicycles are infrequent events. To date, there is insufficient collision data to be able this element of overall cycling safety related to the separated bike lanes.”
These statistics do not address the rate of personal injury and whether the bike lanes have led to a reduction in bicycle accident related injuries. The reduction in collisions may simply be due to less vehicular traffic as drivers avoid roads with bike lanes.
In the concurrant Vancouver Separated Bike Lane Business Impact Study, released July 20 2011, pedestrian safety was cited as one factors that 15% of pedstrains said they shopped less often on Hornby and Dunsmuir Streets. Pedestrians now have to be aware of two way bike lane traffic as well as parking vehicle traffic and automobiles on the road.
If there is an increase in bicycle on pedestrian personal injuries there will be a serious issue of insurance coverage. Currently ICBC does not provide third party liability coverage for bicycles, electric bikes, or motor-assisted cycles. Which means, unless an at fault cyclist is covered under homeowner’s insurance, the injured pedestrian will be left with an uninsured claim. Conversely, an at fault pedestrian will not be insured if they injury a person operating a bicycle, electric bike, or motor-assisted cycle. This does not relate to ICBC accident benefits which are completely different. Take a read of my article on how to get ICBC no-fault accident benefits.
This would be a good time for ICBC and BC legislators to start considering changing the law to allow cyclists access to optional third party insurance coverage. Posted by Mr. Renn A. Holness
Issue: Should ICBC offer third party liability coverage to cyclists?
Tags: Accident Insurance Claim, At Fault, Bike Lanes Vancouver, ICBC, ICBC Injury claim, Insurance Claim, Personal Injury, Vancouver car accident
Posted in #1 Vancouver Bike Lane Experiences, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Insurance Claims, ICBC Motorcycle Accident, ICBC Pedestrian Accident, Insurance Claim in British Columbia, Motor Vehicle Accidents | No Comments »
March 18th, 2011
As Vancouver personal injury lawyer since 1995 I have represented many cyclists and pedestrians that claim their lives were put at risk by poor road design or improper signage. Most car accidents involving cyclists in my experience, however, occur because of lack of due care and attention by the motor vehicle, pedestrian or cyclist .
In an internationally peer-reviewed study, Risk of injury for bicycling on cycle tracks versus in the street, published in Injury Prevention, it was found that use of bike lanes in Montreal resulted in a 28% lower injury rate. However, the Dutch CROW bicycle guidelines suggest that one-way cycle tracks are safer than the two way lanes that are developing in Vancouver. It is hard to imagine that physically separating bicycles from cars will result in more injury to cyclists.
The study results also suggests that two-way cycle tracks on one side of the road have either lower or similar injury rates compared with bicycling in the street without bicycle lanes.
Clearly, more research will have to be done on whether bike lanes increase the risk of injury to car drivers and pedestrians. As these bike lanes take up more of the urban landscape, other commuters are left scrambling for less of the sidewalks and roadways. Posted by Mr. Renn A. Holness
Issue: Do you think that the Vancouver bike lanes have reduced to risk of injury to cyclists?
Tags: Bike Lanes Vancouver, Negligence
Posted in #1 Vancouver Bike Lane Experiences, ICBC Bicycle Accidents, Motor Vehicle Accidents | No Comments »
February 28th, 2011
The injury claimant in this ICBC bike accident case (Dempsey v. Oh, 2011 BCSC 216) was riding his bicycle on 16thAvenue in Vancouver when he collided with a panel van. In addition to scrapes and bruises, the claimant said he suffered soft tissue injury which were so debilitating that he could not perform his work as a real estate agent. The driver of the van admitted being at fault but denied that the claimant suffered much of an injury.
Causation and credibility were central issues in this personal injury case. Prior to the accident, the claimant had pre-existing back problems, including bulging discs, which were painful and at times debilitating. The van driver alleged that the claimant’s prior back condition caused the problems after the accident, and that the claimant was not a credible witness with respect to his condition both before and after the accident. Read the rest of this entry »
Tags: Bicycle accident, Car Accident Claim, Medical Examination, Pain and Suffering, Prior Condition, Soft tissue injury, Vancouver car accident, Whiplash Claims
Posted in #1 Vancouver Bike Lane Experiences, Back Pain, ICBC Bicycle Accidents, ICBC Car Accident, Insurance Claim in British Columbia, Motor Vehicle Accidents, Soft Tissue Injury, Vancouver Personal Injury Lawyer, Whiplash Claims | No Comments »
January 13th, 2011
Car accidents involving cyclists will often involve legal issues requiring the help of a personal injury lawyer. The users of roadways in British Columbia are becoming more diverse. Cars are sharing with bikes that are sharing with pedestrians that are sharing with strollers and wheelchairs. This does not even include the rollerbladers and skateboarders sharing our streets. I’ve posted on bike lane signs and markings in Vancouver and would like to focus on another unknown road marking, “Bicycle & Vertical Lines”.
Most of you are familiar with this following bike route sign: Read the rest of this entry »
Tags: Bike Lanes Vancouver, Lawyer Vancouver, Negligence, Personal Injury lawyer, Personal Injury Lawyers
Posted in #1 Vancouver Bike Lane Experiences, British Columbia Lawyers, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Lawyers, Motor Vehicle Accidents, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | No Comments »
January 6th, 2011
With the growth of bike lanes in downtown Vancouver personal injury lawyers representing injured pedestrians, cyclist and car accident claimants face new signage, lane design and street markings as excuses for potentially dangerous and deadly accidents. Vancouver wants to be the best City for cyclists in the world and in that regard I believe a personal injury lawyer’s top priority in Vancouver should be to promote a community in which cyclists, pedestrians and all users of our roadways are accountable for their actions, and a community in which innocent victims of injury are properly and fully compensated .
In Vancouver most people are used to seeing this sign:
But did you know what these road markings mean?
I have been a personal a personal injury lawyer in Vancouver since 1995 and I have represented cyclist and pedestrians injured due to confusing signage and road markings. Usually these injuries occur through a combination of lack of attention, speed, and confusing signage/markings. With the new bike lanes in Vancouver all users of the roads must educate themselves with respect to the new changes. Read the rest of this entry »
Tags: Bicycle accident, Bike Lanes Vancouver, British Columbia Lawyers, Car accident lawyer, Lawyer Vancouver, Lawyers in BC, Negligence, Personal Injury lawyer, Personal Injury Lawyers
Posted in #1 Vancouver Bike Lane Experiences, British Columbia Lawyers, Car Accident Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Lawyers, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Injury Attorneys, Motor Vehicle Accidents, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | 1 Comment »
July 22nd, 2010
Another cyclist was hit by a car at 8th and Quebec in Vancouver and the 26 year old male was not wearing a helmet and was rushed to hospital with serious injuries. As all cyclist should know it is an offence to operate bicycle without a helmet in British Columbia, even in a bicycle lane. Lawyers working for ICBC will almost always claim that an injury victim contributed to their injury by failing to wear a helmet. However Read the rest of this entry »
Tags: At Fault, ICBC Injury claim, Negligence
Posted in #1 Vancouver Bike Lane Experiences, Brain Injury, Head Injury, ICBC Bicycle Accidents, ICBC Car Accident, Traumatic Brain Injury | 1 Comment »
