Who’s at Fault?

An initial stage in every ICBC claim is a determination of who caused the accident. In many cases, this is obvious – if you were rear ended, then it is almost always the other person’s fault. Sometimes, fault, also known as liability, can be divided. This may happen when both parties are at fault or when it is impossible to tell who caused the accident. For example, in a collision at an intersection where both drivers claim to have a green light and there are no independent witnesses.

If ICBC has made a fault determination you disagree with, you can appeal the determination. Our lawyers can research cases similar to yours and present the best argument to ICBC to ensure a fair determination is made.

One example would be a driver struck by a car turning left as he proceeded straight through an intersection. Although there are no traffic lights at this intersection, the driver was travelling in an HOV lane reserved for busses. ICBC might attribute part of the fault to him. However, the driver turning left should have carefully proceeded through the intersection to ensure that each lane was clear of traffic before completing his turn.

In Williams v Foster, a 2012 case considering this exact scenario, the court determined that the left turning driver was fully at fault, stating: “Although the plaintiff was unlawfully travelling in an HOV curb lane restricted to bus and bicycle traffic at the time of the second motor vehicle accident, absent negligence in terms of excessive speed prior to the collision, that contravention is irrelevant”.

If ICBC has made a fault determination against you, it is important to speak with an experienced personal injury lawyer. John Mickelson Law Corporation can help you acquire financial assistance and medical treatment. Our ICBC lawyers have the experience needed to maximize your personal injury settlement. Call us at (604) 684-0040.



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