Deciding Who Is At Fault for Motor Vehicle Crashes Not Always Straightforward

Paine Edmonds - Monday, September 16, 2013

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.