Drivers in BC have to be licenced in order to obtain their driving privileges. Drivers must also obtain liability insurance in order to be legally on the road. As such, drivers bear a degree of responsibility to ensure they take steps to avoid situations where harm could be caused as a result of their driving. Typically, this means that if you were injured or otherwise suffered loss as a result of another driver’s negligence in BC, damages may be paid to you by the provincial driving insurer ICBC.
But often there are cases where parties may disagree with ICBC’s assessment. For example, a driver may believe they are not fully responsible for an accident that occurred. It is then up to the court to decide what other factors may have contributed. If those additional factors were significant in causing the accident, then the driver’s degree of liability may be reduced or eliminated.
For example, consider a cyclist who was struck by a driver at an intersection. The driver may be liable because there was evidence that they were not fully paying attention to the road when the accident occurred. However, the court may also find the cyclist negligent in contributing to the accident if the cyclist had headphones on and couldn’t hear the sound of an approaching car. In this case, the accident might have been prevented if just one of the parties had exercised the proper caution. In situations like this, the court may find that both parties contributed to the accident. It would then be up to the court to determine to what degree each party was at fault.
No one wants to be in a motor vehicle accident. A lawyer experienced in negligence law can assist the courts to ensure all the factors that caused an accident are taken into account, so a fair outcome is achieved. Call us for a free consultation. 604-370-3051.