The hours, days, and weeks immediately after a motor vehicle accident can be overwhelming, particularly if you have sustained serious personal injury as a result of the accident. It is an excellent strategy to consult with a lawyer at a Vancouver personal injury law firm before speaking to ICBC. Most people are told that they need to notify ICBC of the accident, but have no idea what happens next. The unknowns of the ICBC claims process can make the aftermath of the motor vehicle accident more stressful. To reduce that stress, Taylor & Blair’s team of ICBC lawyers in Vancouver compiled this list of some of the things you can expect after you file an ICBC claim. For more information, call us at (604) 737-6900 to set up a free, no obligation consultation. We will assist you with contacting ICBC or if you have already done so we will make … Continue reading
- Do I need a personal injury lawyer?
Ultimately, the best way to determine if you need a lawyer is to speak to one. The lawyer will ask you questions about how the accident happened and about the nature of your injuries. Generally speaking, you should hire a lawyer if any of the following apply:
- You have sustained any injuries such as a broken bone, whiplash, or a concussion;
- You have missed or are likely to miss work as a result of your injuries;
- Your injuries are not resolving or treatment doesn’t seem to be helping;
- There is a dispute about who was at fault for the accident; or
- There are complicating factors (for example, you were injured in a hit and run accident or by an uninsured driver or there are any insurance coverage issues).
If you get injured from a trip or slip and fall on the sidewalk in front of a local business, you may be wondering who is responsible – the business or the city. The Occupiers Liability Act governs all business and municipalities and makes the “occupier” of the premises responsible.
Who is the “Occupier?”
Sometimes identifying who the occupier is not obvious, but a personal injury lawyer in Vancouver can make this determination.
The occupier is generally the one with responsibility for the premises or the one who has physical possession of it. Commonly, the occupier of the sidewalk is the municipality, but not always. A business may be deemed to be an occupier of the property if it assumes control of the property or has conditions or activities that occur on the municipal property without permission. If a business places a sign, planter, merchandise table or vehicle on the … Continue reading
Without a doubt, winter tires are highly beneficial in the winter months, but they are not a legal requirement in Vancouver unless there are signs posted requiring winter tires. Driving without winter tires in Vancouver will not void your insurance if you are involved in an accident and need to make a claim. Not having winter tires doesn’t’ mean that you are automatically at fault in a crash. However, if you get accident where winter tires could have helped, not having them may affect whether or how much you are at-fault.
Vancouver personal injury lawyers have found the BC courts recognizing the benefit of winter tires when ruling on driver negligence and liability. For example, in the case of Geiger v. Schmidt, 2010 BCSC, 1052 Justice Brown dismissed a claim against Mr. Schmidt finding that Mr. Schmidt had driven reasonably considering all the circumstances. This included the fact that he … Continue reading
As the quality improves, helmet cameras are fast becoming a popular addition to motorcycle helmets for evidence in the event of a car accident. There is no law against using a Helmet Cam, but if you choose to use one, it must be secured to a helmet that meets DOT, Snell or ECE safety standards in British Columbia. Failure to meet helmet safety requirements can result in a fine and seizure of any non-compliant helmet. Failure to produce a helmet for inspection is also an offence. Motorcycle helmets standards are subject to the 194 of the Motor Vehicle Act, R.S.B.C. 1996.
Accidents and Videos
Video can be considered evidence in a court of law and there is a presumption of integrity in the absence of evidence to the contrary, according to s.31.3 of the Canada Evidence Act, R.S.C., 1985, c. C-5. The video must accurately depict the … Continue reading