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

Who is at Fault in a Left Turn Collision in an Intersection?

Posted on by Ben Tarnow Posted in Rules of the Road, Who's at Fault?Tagged

In a left turn situation, if a collision occurs at an intersection where there is a traffic light, which driver is liable in Vancouver B.C.?

It depends upon the colour of the traffic light. If the light is green for both drivers, in almost every case the left turning driver will be found liable. In another situation, if the left turning driver entered the intersection while the light was green and waited for traffic to clear until the light was red, that driver making the left turn may do so and any driver running the red light would be liable for the accident.

It is more difficult to decide the case when the light is yellow. If the left turning vehicle enters the intersection when the light is green then waits for the light to turn yellow before starting to turn, the likely result if the light turned yellow for … Continue reading

Bicycle Traffic Laws Explained

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

Is it legal for a bicycle rider to pass cars stopped in a line of traffic to the right of those cars?

The answer is maybe not. This is a common maneuver that one can see almost any day there are bicycle riders, especially in the summer. However, surprisingly, it may be not allowed. In a difficult case recently heard in our Court of Appeal, a bicycle rider was lawfully riding in the curb lane but had to move his bicycle over to the left when he came upon a right turn lane. The bicycle rider moved over the next lane so he would not be in the right turn lane. In MacLaren v. Kucharek, the Court of Appeal said:

…It is not so much that Mr. MacLaren was passing on the right when he was struck by the [left turning driver] appellant, but that he was riding between what … Continue reading

What is the importance of having the right-of-way?

Posted on by Ben Tarnow Posted in Rules of the RoadTagged

When the driver has the right-of-way, the driver is entitled to assume that other drivers will respect that right-of-way and may proceed through an intersection on that assumption.  However, the right is not absolute.  If the driver is aware or should have been aware that another driver was not going to yield the right-of-way, then the driver with the right-of-way must take appropriate action.

 

It was said by the Supreme Court of Canada as far back as 1952 in Walker v. Brownlee:

 

Where a collision between two cars occurs at an intersection when the driver of one car fails to yield the statutory right-of-way properly belonging to the driver of the other car but it appears that the latter could have seen the offending car had he looked to his left, he cannot nevertheless be held negligent unless the driver of the offending car establishes that the
… Continue reading

LVI Collisions explained

Posted on by Brian Jacobson Posted in Motor Vehicle Accident, Car AccidentTagged

You may have been involved in an accident and been to ICBC or heard that your claim is considered LVI.  What is that?

LVI is an abbreviation for Low Velocity Impact.  It is a category that an adjuster at ICBC may put your claim into if the vehicle you were in appears to have only a minor amount of damage.  If your accident meets ICBC’s criteria for being in the LVI program, then ICBC may pay for a limited amount of rehabilitation for you but will not accept your claim for pain and suffering or loss of income.

This policy of ICBC’s is not rooted in science or medicine.  It is a program designed simply to discourage people from making claims.

If ICBC puts your claim in the LVI program and refuse to pay you proper compensation, then usually you have to start a lawsuit to enforce your rights.  In … Continue reading