Motor Vehicle Accidents
Bronson Jones & Company LLP has an office in Vancouver and 9 other offices throughout the Lower Mainland and the Fraser Valley. We have advanced personal injury claims against ICBC and other insurers since 1986. If you have been involved in a motor vehicle accident in Vancouver, BC contact our lawyers today.
In a 2-Vehicle Collision, When is the Other Driver More Likely to be At-Fault?
Most motor vehicle collisions occur between two motor vehicles and there is commonly one party more likely to be at-fault than the other. The other driver is more likely to be at-fault in cases where he or she:
Runs a red light or stop sign;
Is following too closely;
Enters your lane quickly without signaling or checking the blind spot;
Enters your lane head-on by crossing the centre line;
Is reversing a vehicle on a roadway or leaving a parking spot at a curb;
Is not exercising caution appropriate for the weather or road conditions;
Opens a vehicle door into traffic;
Is distracted by a handheld device or other matter not related to driving (e.g., eating, grooming, attending to a child or pet);
Is impaired by the influence of drugs or alcohol or is highly sleep deprived.
Our lawyers can represent you and support your claims in:
If you are the rider 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.
Many people think that if they are injured in a car crash while they are at work, they must automatically look to WorkSafeBC (formerly the Workers’ Compensation Board of BC) for compensation. However, if you are involved in a motor vehicle accident with another vehicle while you are working, you may still have a claim against the “at-fault” motorist through ICBC.
What is the Role of the ICBC?
One of ICBC’s roles is to provide accident benefits for injuries. Accident Benefits are available to nearly everyone in British Columbia who is injured in a motor vehicle collision regardless of who is at-fault. ICBC also makes settlement payments to the individual who is not at-fault, even if the at-fault driver is uninsured or underinsured. It is important to be aware, however, that ICBC simultaneously has a legal duty to defend the policy of insurance of the at-fault driver. This means there is a risk that ICBC may incorrectly find that you are fully or partially responsible for the accident. If fault liability is split, your insurance premium may increase if you are found to be more than 25% at-fault unless you have been claim-free for a long period. In making a determination of fault, ICBC will review the insurance coverage of all parties involved in the accident and the police reports, may visit the accident scene, consult with an estimator and look for any evidence of negligence.
Should I Collect Witness Information?
Many disputes are about liability, which makes the presence of witnesses an important aspect of every case. When possible, it is best to obtain the witness names and contact information yourself. DO NOT RELY ON THE POLICE TO COLLECT THIS INFORMATION FOR YOU. In certain situations it may also be helpful to retain the services of accident reconstruction experts who can help objectively establish the facts leading up to a collision (i.e., how the motor vehicle accident occurred).
Additional Factors Affecting Injury Compensation
The amount of compensation you are entitled to receive for your injuries is also affected by the use, or failure to use, or improper use, of available safety measures. You are required to protect yourself with seatbelts, child safety restraints and headrests where applicable.
How We Can Help You
A highly qualified car accident lawyer is available to talk with you personally about your case. Representing injured victims is all we do. We have motor vehicle accident lawyers in at our 2 locations in Vancouver as well as 11 other Bronson Jones & Company LLP offices across the Lower Mainland and Fraser Valley.