By Stephen M. Lloyd, Vancouver personal injury lawyer and partner at Paine Edmonds LLP
A recent article in the Vancouver Sun (read the original story
here) demonstrates that
liability or fault in rear-end motor vehicle collisions, even those involving
cars and bicycles, is not always as simple and straightforward as it may seem. In this case, a bicycle was rear-ended by a motor vehicle after the cyclist
made a lane change. The Court determined that the cyclist was “the author of
his own misfortune” for making a lane change in the path of the motor vehicle.
As such, the cyclist’s claim for personal injury was dismissed.
Who is and who is not at fault for a motor vehicle accident
is something that I have to determine in every ICBC personal injury claim that
comes across my desk. After all, “fault” is a crucial factor when making an
ICBC tort claim in British Columbia. Sometimes, giving an opinion on
fault to a potential client is quite easy, such as in rear-end motor vehicle
collisions. However, the ruling of Supreme Court of British Columbia in
this case demonstrates that each and every determination of fault will
ultimately depend on the particular facts of each motor vehicle accident case.
If you are making an ICBC claim for personal injury arising
from a motor vehicle accident in British Columbia, and you need help figuring
out if someone else is at fault for your injuries, then feel free to give me a
call for a free consultation. I will be very happy to sit down and discuss your
ICBC matter with you.