Burnaby Personal Injury Law Blog

What are the rights of a British Columbia motorist to recover damages after being injured in an accident caused by a hit-and-run driver? An accident victim might find comfort in knowing that, even if an at-fault driver remains unidentified, he or she will be covered by the Vehicle Act of British Columbia. Although the insurance provider might take the role of the missing driver, compensation may be limited.

However, it is expected of the injured driver to take reasonable action to identify the hit-and-run driver or the vehicle that he or she drove. The victim must file a report with the police and gather evidence and record details of the accident scene that might assist law enforcement in finding and identifying the at-fault driver. Noting the contact details of witnesses could prove helpful.

Anyone who is incarcerated is in the care of correctional agencies. These agencies have certain responsibilities to keep them safe. When a person dies while serving a sentence in British Columbia, his or her surviving family may have grounds to file a wrongful death lawsuit. One family has recently chosen to take these steps in reaction to the 2016 death of their son at Surrey Pretrial Center.

The lawsuit alleges that the 25-year-old was asphyxiated by a cellmate while awaiting trial for driving illegally.  The family claim that those who were responsible for protecting the individual did not protect him and allowed him to be placed in a cell with a dangerous individual. They say that the authorities should not have placed the two people in a segregation together, given their knowledge about the risk of violence in correctional institutions and the criminal background of the man's assailant.

Any injury claims after auto accidents in British Columbia are dealt with through the Insurance Corporation of British Columbia. It is a Crown corporation of the province, which deals with optional and basic insurance for all the drivers in British Columbia. However, car accident victims might not be the primary concern of the ICBC, and they are entitled to seek legal counsel to protect their rights.

ICBC recently expressed concern about the staggering number of car accidents that were recorded in 2017. The interim Vice President of the firm reported that the 350,000 crashes represented an all-time high, translating to an average of 960 auto accidents per day, costing the insurer $4.8 billion for claims. The report also indicated that the primary contributors were distracted driving, speeding and aggressive driving.

The fact that bicyclists have none of the protection vehicle drivers have makes them extremely vulnerable on British Columbia roads. Even with wearing helmets, victims of bicycle accidents can suffer catastrophic or even fatal injuries when struck by cars. Distracted or impaired vehicle operators cause a significant percentage of recorded bike accidents every year.

Intersections are said to be particularly dangerous areas for car and bicycles. Drivers can prevent hitting cyclists by keeping a safe following and passing distance, yielding for them when necessary, and shoulder checking for bicyclists before turning right or opening the door -- the latter applies to passengers as well. Drivers must also scan for bicycle riders before turning left across bike lanes and before they enter the road from a driveway, parking lot or a side street.