What is the Seatbelt Defense in B.C.?

Posted on by Ben Tarnow Posted in Rules of the RoadTagged , ,

Sometimes in motor vehicle accident cases, the Defendant will argue that the injured parties’ injuries would not have been so severe if the injured party had been wearing a seatbelt.  If this argument succeeds, then the Court will reduce the Plaintiff’s damages by some percentage.  A common reduction is 25 percent.  In other words, if the Plaintiff’s injuries would have been worth $100,000 if he or she was wearing a seat belt, the damages may be reduced by as much as 25 percent down to $75,000.

The BC Supreme Court has said:

With regard to the seat belt defense, I am satisfied that for it to succeed, the Defendants must prove firstly, that there was an available seat belt assembly; secondly, that it was functioning and in good working order; thirdly that it was not worn; and fourthly, that had it been worn, it would have prevented or reduced the … Continue reading

How to Drive Safe in Vancouver's Dangerous Intersections

Posted on by Graham Taylor Posted in Rules of the Road

Intersections are dangerous for drivers and pedestrians alike. Lanes come together from different directions, and impatient drivers want to get through fast. This often results in car accidents, sometimes involving pedestrians.

Vancouver has a few risky intersections. One of these (the intersection at Knight Street and Marine Drive) makes the list of most dangerous intersections in all of Canada. This intersection has a particularly bad reputation for car crashes-hundreds of accidents happen there every year.

So what makes the Knight Street and Marine Drive intersection so dangerous? And how can you stay and drive safe when you drive through intersections every day?

What Makes the Knight Street/Marine Drive Intersection Dangerous

Knight Street is a major truck route in Vancouver. This means big, heavy trucks mix with regular cars on the Knight Street/Marine Drive exit. Trucks can impair visibility for other drivers in smaller cars. Also, trucks will likely cause more … Continue reading

Why Every Road Cyclist Should Invest in a Helmet Cam

Posted on by Graham Taylor Posted in Bicycle Accidents

When cars and bicyclists get into accidents, drivers often blame the cyclists. However, many studies have shown that the cyclists don’t usually cause these dangerous situations. While cyclists can cause accidents, drivers are at fault over half the time.

If you ride a bike to work every day around lots of cars and trucks, reckless drivers can injure you. Even cautious cyclists have to watch out for negligent drivers.

So what can you do to protect yourself in case a driver causes you to get in an accident? How do you prove that you were the victim and make sure the driver compensates you appropriately? You ride with a helmet cam.

How Can a Helmet Cam Help Your Case?

Everyone points fingers after an accident. No one wants to admit blame, so the authorities end up hearing conflicting stories about what happened.

Unless you have an independent witness, it’s just … Continue reading

Don't Let Your Mobile Phone Distract You: Safe Driving in BC

Posted on by Brian Jacobson Posted in Rules of the RoadTagged , ,

To increase their efforts to contain the number one killer on the roads, local police in York and Toronto are focusing on distracted driving for the next six weeks. During this Distracted Driving Blitz, which began on July 29, 2014, police from these two major cities will be making an even greater effort to keep drivers away from their mobile devices while on the road.

Why are officers in these major towns spending so much time enforcing distracted driving rather than impaired driving or other problems? You might be surprised to learn that distracted driving has surpassed drinking and driving as the deadliest driving activity. In BC, 81 deaths could be directly linked to distracted driving, compared to 55 deaths from impaired driving.

As a result, the provincial government is considering increasing both fines and driver penalty points for distracted drivers. The Office of the Superintendent of Motor Vehicles is … Continue reading

When Can You Drive Again After A Brain Injury?

Posted on by Brian Jacobson Posted in Brain InjuryTagged

“When can I start driving again?” is one of the questions patients with brain injuries often ask their doctors post-injury.  The answer, unfortunately, is not as simple as each patient is different and every case is unique.

A brain injury can affect your vision, your thinking and perception, your physical abilities and your behavior including emotional control and good driving habits.  All of these are essential for you to drive safely.

Many people and agencies, including your doctor and personal injury lawyer, can be involved in deciding whether or not you can drive again.

The Office of the Superintendent of Motor Vehicles (OSMV) is ultimately responsible for making this decision if you are allowed to drive.

By law, if your doctor has concerns about your ability to drive, your doctor must report those concerns to the OSMV.  However, the OSMV can also receive information from other medical professionals, family members, … Continue reading