The most common type of vehicle accident in BC is the collision between two motor vehicles. Generally speaking, in a two vehicle collision, the other driver is more likely to be at-fault in cases where he or she:
If you are hit by a motor vehicle while riding your bicycle you may have an ICBC claim. Similarly if a cyclist causes an accident and you are the driver or passenger in a motor vehicle and you are injured you may also have an ICBC claim.
Many people think that if they are injured in a car crash while they are at work they must automatically look to WorkSafeBC (formerly “Workers’ Compensation Board of BC”) for compensation. It is often the case that if you are at work when the accident occurred (you were in the course of your employment) you may only have a claim through the Workers Compensation Act and not against ICBC.
Unfortunately, situations do occur where a pedestrian is struck or a collision occurs and the driver of the at-fault vehicle leaves the scene. To prevent victims of hit and runs from being denied compensation for their injuries, s. 24(1) of the Insurance (Motor Vehicle) Act allows the victim of a hit and run to collect damages from ICBC in cases where the name of the driver of the vehicle causing the injuries is unknown and cannot be determined with reasonable effort.
If you are the driver of a motorcycle who has been hit by the driver of another vehicle be aware that even if you are determined not to be “at-fault” the damages you are entitled to receive may be reduced if you were not wearing a certified helmet at the time of the accident.
Pedestrian accidents potentially involve serious physical and emotional trauma. For the most part, fault can be established against the driver of a vehicle, if you are struck by a vehicle while crossing in accordance with traffic signals (e.g., you had the “Walk” signal) and you are within the boundaries of a cross walk. However, if you cross on a red or yellow light, outside the crosswalk or get hit while jay walking you may have a much harder time establishing driver liability.
