Cyclist Wins New Trial: Witness Statement and Evidence Overlooked

This was a personal injury trial involving claims of  brain injury, whiplash and spinal fracture. The bicycle accident occurred on Broadway Street  in Vancouver, approaching the intersection of Broadway and Guelph Street. The cyclist was proceeded forward when a vehicle turned left hitting his bicycle.( Davis v. Jeyaratnam, 2022 BCCA 273)  The Witness Statement The…

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Cyclist in Dedicated Bike Lane 15% At Fault for Attempting to Pass a Right Turning Vehicle

The Motor Vehicle Act provides guidance on the conduct and responsibilities of drivers and cyclists on roadways.  While the Motor Vehicle Act does not define cycles as vehicles, the Court of Appeal in Ormiston v. ICBC 2014 BCCA 276 noted that Section 183(1) of the act “imposes on the operator of a bicycle the same…

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Vancouver ICBC Lawyer – Cyclist Injured by Opened Car Door (Dooring) – Who is at fault?

“Dooring” is a term used to describe when a driver or passenger opens a car door unsafely into the path of a cyclist.  Dooring can cause serious injuries to cyclists from concussions to broken bones.  This is especially true when a cyclist swerves out of the way or collides with the car door causing them…

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Cyclist Found 50% At Fault for Passing Cars on the Right

As I have written in previous articles, cycling as a primary mode of transportation is increasing in popularity in urban settings especially in Vancouver. While there are a number of dedicated bike lanes, the number of streets without dedicated bike lanes far outweigh the number of streets with them. Section 183 of the Motor Vehicle…

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Driver Found At Fault for Colliding with Cyclist in a Bike Lane

Dedicated bike lanes are now a commonplace in Vancouver. In fact, it has been 10 years since the first dedicated bike lane on Burrard Street Bridge was opened to much controversy after 2 prior unsuccessful attempts. With cycling becoming a more popular form of transportation, there is more potential for accidents to occur with vehicles.…

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Injured Jogger Sues Young Cyclist and Loses

In this personal injury case the claimant was jogging when he came up behind three young girls riding their bicycles. Two were on the sidewalk and one was riding on the street adjacent to the curb. The jogger intended to pass the girls on their right. As he was passing them, one ten year old moved her…

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Local Governments Allowed Draconian Bar on Injury Claims

Our law makes it more difficult to sue local governments than private citizens. Local governments are treated differently from other litigants in BC by requiring injury claimants to give written notice within a very short period following an incident to the local government. Most local citizens are unaware of this requirement and when injured on city…

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Start Your Claim With ICBC for Personal Injury

Making an injury claim with ICBC, Insurance Corporation of British Columbia, after a vehicle accident requires providing specific information and meeting certain deadlines. What you say to ICBC in the first 30 days can set the tone for how your injury case will be dealt with. How to start an injury claim with ICBC is made…

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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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Cyclists Causing Personal Injury and Death Not Insured

If a pedestrian is hit by a British Columbia car, ICBC accident benefits can provide up to $150,000 in medical rehabilitation expenses and disability benefits of up to $300 per week. If the same pedestrian was hit by a bicycle, she would get nothing. The  Chinese tourist pedestrian killed by a cyclist in Stanley Park…

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