Since 1999, the experienced lawyers at Holness and Small Law Group have handled a broad range of claims and have been successfully representing drivers, passengers, pedestrians, cyclists and motorcyclists with their injury claims against ICBC and other insurance companies.
Motor Vehicle Accidents
If you are driving a motor vehicle and you are involved in a collision with another motor vehicle, then it must be determined which driver was at fault (negligent). If you are injured, then you must prove that the other driver was at fault in order for you to pursue your injury claim because the claim is made against the negligent driver and his/her insurance. Therefore, if the other driver was driving a motor vehicle with British Columbia licence plates, then the auto insurer is ICBC and ICBC will be defending the negligent driver against your injury claim.
Pedestrians have a duty to take reasonable care for their safety and to obey traffic laws.
Who has the right of way and priority, as well as who is visible, are common legal issues in a motor vehicle accident involving a pedestrian and a vehicle which make these types of claims challenging. Pedestrians are vulnerable to suffering significant injuries in a motor vehicle accident. Commonly, pedestrians will suffer concussions, spinal cord injuries and fractures due to trauma from the impact with a motor vehicle.
Accidents involving bicycles and a motor vehicles commonly occur when one is not visible to the other when turning or changing lanes. In Vancouver, in particular, accidents are commonly occurring due to a lack of knowledge of the new bike lanes and the traffic laws regarding these new lanes. When involved in an accident with a motor vehicle, cyclists are indefensible and will often suffer significant injuries including concussions, spinal cord injuries and fractures.
Like pedestrians and cyclists, motorcyclists are exposed serious injuries concussions, spinal cord injuries and fractures when involved in a collision with a vehicle. This is often because they travel at equal speed with vehicles and there is very little protection to the motorcyclist. Accidents often occur as a result when drivers do not properly share the road with motorcyclists, as well as when drivers are not paying adequate attention in seeing motorcyclists when turning or changing lanes.