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.
ICBC will also often take a critical look at the condition of your motorcycle. Things like tire pressure and the condition of your tires can be a factor that affects liability and consequently the value of your personal injury claim damages. For example, tire inflation may impact your ability to brake properly. If you did not take care to ensure that your tires were properly inflated and fit for the road conditions, and braking was an action that you took to avoid the accident, then you may be found partly responsible for your own injuries. Similarly, where you choose to position your motorcycle while travelling can be a factor. Generally the accepted or preferred lane position is the left side or centre of the lane.
Finally, your actions preceding the accident, may be carefully reviewed. As in any vehicle accident, the evidence of eye witnesses, and from the accident scene itself, can play a critical role in establishing liability and a claim for damages. In such cases it may be advisable to retain an accident reconstruction expert, preferably someone familiar with what to look for in the case of collisions between motorcycles and other vehicles, objects or pedestrians.
