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contributory negligence

Failure to Wear a Seatbelt Results in 25% Reduction

This personal injury taxi passenger was accused of failing to wear a seatbelt, resulting in his own injury. The collision occurred while the claimant was a passenger in a taxi at 12th Avenue near Larch Street in Vancouver. The claimant admitted he was not wearing a seatbelt at the time of the car accident, even…

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Running Pedestrian with Hoody and Headphones 80% to Blame for Injuries

The Supreme Court found this running pedestrian, wearing a dark hoody with headphones 80% at fault for an accident resulting in her injury. The pedestrian appealed the finding that he was 80% at to blame for the accident.(Vandendorpel v. Evoy,2018 BCCA 442) The accident occurred at the intersection of Mount View Avenue and Sooke Road…

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ICBC Blames Officer for getting Run Over by Shoplifter But Judge Disagrees

In this bizarre personal injury case a security guard was run over and injured by a fleeing vehicle after a shoplifter stole a pair of sunglasses. ICBC then tried to blame the security guard for being contributorily negligent.(MacKenzie v. John Doe,2018 BCSC 104) The security guard approached the shiplifter’s passenger side and opened the door, saying “store security”.  He…

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Killed by Drunk Boyfriend but 20% at Fault for being Passenger

The claimants’ 26 year old daughter was killed in a horrific single car accident, when she was a passenger in a car driven by her live-in boyfriend, the defendant.  The boyfriend had been smoking marijuana, consuming a great deal of alcohol and driving with extreme recklessness. This claim was brought by the family under the Family Compensation…

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Drunk Pedestrian Looking for a Fight Only 40% at Fault for Being Run Over

This intoxicated pedestrian, Mr. Joel Robert Michael Ackley, made fun of a driver’s dreadlocks and removed his shirt while waiting for the driver to emerge from the Subway (Ackley v. Audette,2015 BCSC 1272). As the driver tried to leave the parking lot Mr. Ackley tried to prevent him from getting into his car. When the driver got into his…

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Egg Throwing and Alcohol not to Blame for Car Accident Injuries

    The ICBC personal injury appellant was sitting in the back of a vehicle when it overturned at high speed along with other teenage passengers. The teenagers were drinking alcohol in the back of the car and planning to throw eggs at pedestrians .  After the car crash the appellant made no complaints of headaches, neck…

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ICBC Adjuster Loses Video of Left Turn Crash

The personal injury claimant was driving his Porsche Cayenne and entered the intersection of 203rd Street and Logan Avenue in Langley, BC on a yellow light. Another driver turning left failed to see the claimant and turned in front of him causing the accident. A witness videotaped the entire car accident and forwarded the recording to the investigating RCMP…

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Cyclist not Faulted for Hitting Parked Car in Agony of the Moment

A stunning win by this injured cyclist is unanimously upheld against a quick turning driver which caused him to hit a parked car. This personal injury case concerned determination of blame in a car accident involving a cyclist. The claimant suffered injury when bicycling southbound on Blanshard Street in Victoria, B.C. and a vehicle suddenly pulled out into traffic from a nearby…

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Offer to Settle Results in 65% Double Costs Despite 50/50 Fault

In this offer to settle slip and fall case the court used its discretion and allowed a claimant that was found 50 % at fault to recover 65% of her costs. The claimant was also awarded double costs after the insurance comany refused to accept a reasonable  offer of settlement almost a month before trial…

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