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Vancouver ICBC Bicycle Injury Lawyers

ICBC Car Accident Injury

Vancouver ICBC Bicycle Injury Lawyers 604-602-9000

Vancouver ICBC Bicycle Injury Lawyers understand that with increasing traffic on Vancouver streets many Vancouver citizens have turned to a cheaper, healthier and more effective way of travelling in the city, which often focuses on bicycling. Vancouver ICBC Bicycle Injury Lawyers know that the number of people in Vancouver who choose to cycle increases every year and that the bike lanes are legion. Sadly, Vancouver ICBC Bicycle Injury Lawyers warn that with the increase of cyclists on the streets also comes an increase in the amount of Vancouver motorist and Vancouver cyclist accidents.

Our experienced Vancouver ICBC Bicycle Injury Lawyers lawyers focus on ICBC bicycle injury cases. We handle your case personally and don’t delegate your vitally important case to case managers. Hire senior and top rated ICBC Bike Injury Lawyers to protect yourself and your family.

Vancouver ICBC Bicycle Injury Lawyers

Vancouver ICBC Bicycle Injury Lawyers associate Spencer MacLean 604-602-9000

Vancouver ICBC Bicycle Injury Lawyers Will Help You

Vancouver ICBC Bicycle Injury Lawyers want you to know that Vancouver cyclists and motor vehicle drivers are both subject to the same rules of the road.  However, ICBC Bicycle Injury Lawyers know in many cases cyclists are often honked at, yelled at to get off the road, or cut off and driven off the road by motor vehicle drivers.

Vancouver ICBC Bicycle Injury Lawyers understand  that many Vancouver bicycle accidents occur when a motorist opens a door onto an oncoming cyclist, often causing a serious Vancouver bicycle injury.

Intersection collisions also represent a large number of Vancouver bicycle accidents that involve motor vehicles. Vancouver ICBC Bicyclist Injury Lawyers  explain that with a large amount of drivers distracted by cell phones and other devices, cyclists should always be aware of their surroundings on the road.

Vancouver ICBC Bike Injury Lawyers Warn Stats Are Against Riders

According to Statistics Canada about 7,500 cyclists are seriously injured every year. Many bicycle injuries and crashes occur during the afternoon rush hour or at times of the day where lighting is dim. Vancouver cyclists lack the protection of an enclosed vehicle, and the only thing protecting them in a Vancouver bicycle accident is usually a helmet. Vancouver cyclists are often hard to see and drivers often lose them in their blind spots, leaving Vancouver cyclists as a hidden danger to Vancouver drivers, leading to a catastrophic Vancouver bicycle accident. Vancouver cyclists also contribute to accidents, commonly by not understanding the rules of the road, or continuing to ride off sidewalks into intersections. Some Vancouver cyclists do not have driver’s licenses and are not fully educated on the rules of the road, leading to a Vancouver car and cyclist accident. Arrogance by car owners or bicyclists can lead to injuries.

Vancouver ICBC Bicycle Injury Lawyers Explain Recent Court Case

The case of (Matkin v. Hogg) involved a collision between a cyclist and a motor vehicle driver. the defendant was driving motor vehicle, started to make a left-hand turn in the intersection and a collision ensued with a bicycle being ridden by the plaintiff.

Mr. Justice Kent found the cyclist 65% at fault for this accident and the motorist 35% responsible, stating the following:

[5]             For the reasons that follow I find that this accident was caused by the negligent conduct of both parties and I allocate fault for the same 65% to the plaintiff and 35% to the defendant.

[63]         Adopting a robust and pragmatic approach to the evidence and to the circumstances of the collision, I find as a fact that the following sequence of events occurred:

  • Mr. Hogg’s vehicle was parked on the eastside of the road approximately halfway down the block between 2nd Street and Drummond Drive;

  • While it was not completely dark, it was dusk and the street lights were on;[

  • Mr. Hogg started his vehicle, thereby illuminating his running lights, and also turned on his headlights and checked his mirrors before pulling out onto the road;

  • When he checked his mirrors he did not see any of the cyclists further up Blanca Street;

  • He travelled north, slowed at the stop sign, likely performed a rolling stop in the absence of any visible traffic from any other direction and once in the intersection started to make a turn to the left in order to complete his intended turn-around maneuver;

  • In the meantime the plaintiff was proceeding northbound down the hill on Blanca Street towards the intersection and towards Mr. Hogg’s car at approximately 20 km/hr;

  • She was unaware of the existence of a stop sign at the intersection and had not noticed the “stop sign ahead” sign posted further up Blanca Street;

  • Thinking there was no traffic around him, Mr. Hogg did not activate his left turn signal before starting his u-turn maneuver;

  • As she approached the intersection on her bike, the plaintiff formed the impression that the Hogg vehicle ahead of her was going to continue through the intersection in a northbound direction on Blanca Street;

  • At the time she was travelling faster than the Hogg vehicle and the distance between them was closing rapidly;

  • She did not see the stop signal, did not in fact stop or brake, but simply continued to ride over the putative stop line and into the intersection intending to travel north beside or close behind the Hogg vehicle;

  • When the Hogg vehicle started its left turn maneuver in the intersection, the plaintiff simply had no time to take any effective evasive maneuvers and her bike collided with the front left fender of the Hogg vehicle in the vicinity of the wheel well, launching her from her bike and onto the road; and

  • Mr. Hogg either did not check his mirrors at the stop sign and before commencing his turn, or did so and simply failed to see the plaintiff on her bike travelling behind him, but either way there was sufficient illumination from the diminishing daylight and the illuminated street lamps for her to have been visible to Mr. Hogg.

[64]         It follows from these findings of facts that the collision was caused by the actions of both the plaintiff and the defendant. What remains is the manner in which fault should be ascribed and allocated between the two.

[74]         In terms of assessing the relative degrees of fault of the parties, I conclude that the plaintiff’s conduct attracts more blame than that of the defendant. Both had similar duties of care vis-à-vis each other but the plaintiff was particularly careless of her own safety. Riding a bike at night on city streets without a light and without a helmet creates a grave risk indeed. It was also deliberate rather than accidental conduct on her part. Further, since she was behind the Hogg vehicle for some period of time before the actual collision, she had a greater opportunity to prevent the accident.

[75]         Pursuant to s. 6 of the Negligence Act the determination of degrees of fault is a question of fact. Based on the totality of the evidence and the considerations referred to above, I find as a fact that the fault for causing this accident rests 35% with the defendant and 65% with the plaintiff herself. Whether that allocation of fault to the plaintiff should be further increased (and the defendant’s liability to make good the plaintiff’s loss should be further reduced) by further conduct on her part which increased the extent of loss or injury arising from the accident, e.g. the failure to wear a helmet, is a matter the parties have agreed will be determined at the trial of the damages portion of the case.

Vancouver ICBC Bicycle Injury Lawyers Recommend You Consider Buying Insurance

Did you know that the Cycling BC insurance package provides coverage, for example, if a cyclist collides with a pedestrian or another cyclist. Collisions between cyclists and motor vehicles covered by ICBC are covered under the vehicle’s policy but the Cycling BC package may provide additional coverage in cases where ICBC doesn’t.  BUT To get personal accident insurance from Cycling BC cyclists have to join the organization. We recommend you consider this if you cycle more than a few times a year.

Fun and Safe Cycling Groups You Can Consider Joining

There was just a great article in the Vancouver Sun this weekend called Pedal Power that had a great recap of all the exciting growth in cycling in Vancouver.

WoWride cycling for women

Terminal City Riders a social biking group open to all

Vancouver Bicycle Meetup Group

Cycling BC

Let’s hope you never get injured while your pedaling around Greater Vancouver.

Our Top ICBC Bicycle Injury Lawyers Are Ready To Ensure You Are Protected if you do get hurt across BC 1-877-602-9900

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