Liability in Motor Accident Claims
The concept of liability is key to all personal injury claims, including motor accident claims. This is because you have to establish that someone else is to blame for your injuries – otherwise, you are not eligible to receive compensation.
A motor vehicle accident lawyer from John Mickelson Law Corporation can advise whether you have sufficient grounds to pursue compensation for your injuries.
Liability and motor accident claims
Liability means being responsible for something. In the context of personal injury law, it means being responsible for causing an accident.
When it comes to motor vehicle accidents, fault usually lies with a driver. Occasionally someone else is to blame, such as a pedestrian or cyclist. It is also possible for an organisation to be liable. For example, if a construction company is working on a highway and fails to maintain a safe construction zone, those travelling through the area could be injured.
Making a motor accident claim
You cannot make a motor accident claim unless you can establish that someone else is liable for the accident. This is because when you make a personal injury claim, you must prove three things –
- That another person or organisation is to blame for the accident
- That this person or organisation owed you a duty of care
- That this duty of care was breached, causing you to suffer injuries
The second point is relatively easy to establish because all road users owe each other a duty of care, and organisations (such as construction companies) owe the public a duty of care. Therefore a successful motor accident claim really comes down to two things – being able to show that someone else was at fault for the accident and that there is a direct link between the accident and your injuries.
Advice from a motor vehicle accident lawyer
It can be hard to know whether you have grounds to make a successful compensation claim, particularly when it comes to the matter of proving liability.
You may be adamant that you are not responsible for the accident, but it is rare for the other side to openly admit blame, as this puts them in a weak position. A claims adjuster from ICBC will consider the evidence before determining fault, which can be shared between the parties or even be undetermined. If you disagree with ICBC’s findings, you can argue your case. The final decision lies with the courts.
Because the issue of liability is not always clear-cut (and is often hotly contested), it is best to get advice from a motor vehicle accident lawyer shortly after the incident. At John Mickelson Law Corporation, we can assess the circumstances of your accident before suggesting whether or not liability can be established in your case.
If we advise that someone else is at fault for your accident, and this caused you to wrongfully suffer injuries, we can help you pursue a personal injury compensation claim.
Contact us now
If you have been injured in an accident and want to speak to a motor vehicle accident lawyer about your options, please contact us now at John Mickelson Law Corporation. Either fill in the free online enquiry form or call us on 604 684 0040.Go back to Blog