ICBC Pedestrian Accident Claims – Vancouver BC Office

vancouver pedestrian accident lawyers - bungay law office teamPedestrian Accidents – we have over 11 years of experience:
Over the past eleven years, we have represented victims of pedestrian accidents in Vancouver, and throughout BC. In these types of cases, ICBC often attempts to deflect blame to the pedestrian. This is due to the fact that injuries suffered in these collisions are often very significant. In other words, ICBC will blame the pedestrian (you) to avoid paying compensation for your injuries. Using our legal expertise, we have proven that many pedestrians were not to blame for these accidents. In doing so, we have obtained substantial compensation for each and every pedestrian who hired us as their lawyers. If you have been the victim of a pedestrian accident in Vancouver, or anywhere in BC, we can help. 

Bungay Law Office 
(ICBC injury claims lawyers)
Vancouver Pedestrian Accident Lawyers 

Call us today for a free consultation, 24 hours – 7 days a week 604-684-4300
*We now have an office in Surrey,
click for information: Surrey pedestrian accident lawyers/ICBC claims

Pedestrian Accidents are Complicated – They require legal assistance

Pedestrian accidents can be very complicated. Legal assistance is required to ensure you obtain fair compensation. There is very seldom one version of events in these types of claims. The driver often tries to blame the pedestrian. Often, witnesses are unwilling to be helpful. If the story about your accident is not clear, you may be denied compensation at the end of your claim. Attempting to gather this evidence on your own could be a stressful and difficult task.

Our experienced pedestrian accident lawyers will make sure that icbc pedestrian accident claim lawyers vancouver bcICBC knows the truth about your claim. We can obtain experts to re-visit the accident scene and calculate the speed of the vehicle that hit you. We also act quickly to interview the police and all witnesses to your collision. Most importantly, we use the legal system to force the driver to answer questions about why the accident happened. In taking these quick steps, we preserve the evidence that supports your case. This allows us to obtain fair compensation on your behalf.

Jaywalking: Are you entitled to compensation?

Many clients who come to see us were jaywalking at the time of the collision. In other words, they were crossing the road at an area which was not a crosswalk. ICBC often denies these claims, particularly if there are witnesses who state that the person was jaywalking. Even if you are jaywalking, you may be entitled to compensation for your injuries. Before you assume the worst, you should talk to an experienced pedestrian accident lawyer and find out whether you have a case. A driver is not off the hook simply because they hit someone who was jaywalking. The law in BC states that drivers must always use due care and attention while driving. The law also states that, if a driver sees a pedestrian who is not in a crosswalk, that driver must try and avoid a collision and take evasive action such as honking their horn. A legal analysis of the driver’s conduct is necessary. If you can prove the driver was irresponsible in any way, you can still obtain compensation. 

Jaywalking cases – Without an experienced peedestrian accident lawyer, it will be difficult to prove the driver is at fault

In jaywalking cases, if you do not have a lawyer, it will be difficult to prove the driver is at fault. If someone is not in a crosswalk, ICBC often assumes the pedestrian is to blame. Without a lawyer, you will not likely have an opportunity to ask the driver questions about the accident. An experienced lawyer can use the legal system to force the driver to answer questions about the accident. These kinds of questions would include the following:

  • How far was the driver away from you when they first saw you?
  • What evasive actions if any did the driver take when they saw you on the road?
  • Was the driver talking on a cell phone at the time? (an experienced pedestrian accident lawyer can obtain their cell phone records to prove this)

Ultimately, it is necessary to prove that the driver saw or ought to have seen the jaywalker before hitting him. If the driver saw you before hitting you, it then falls to the driver to explain why they did not take steps to avoid you. 

Pedestrian claims: Using past legal cases to obtain compensation

As your lawyers, we use past case law to convince ICBC to pay you compensation. In other words, we compare your case with past decisions made by judges in pedestrian accidents. In many of these past cases, ICBC was ordered by a judge to pay money following a pedestrian accident. 

In the case of Sandhu v. Doe, a pedestrian tried to cross a four lane street. She was not in a crosswalk. She stepped off the curb, walked past a vehicle stopped in the curb lane, and was hit by a car that was trying to go around the stopped vehicle. The judge held that, although she was responsible for her own injuries, the driver who hit her was also partially to blame. Specifically, the driver should have used greater caution when passing the stopped vehicle. As such, the injured jaywalker was entitled to compensation for her injuries.

In the case of Ashe v. Werstiuk, a 51 year old woman attempted to cross a street in the middle of a city block. She was clearly not in a crosswalk. She was struck by a vehicle when she was in the centre of the road. ICBC denied that the driver was responsible for the woman’s injuries. The injured woman’s lawyer cross-examined the driver, asking him tough questions. When answering these questions, the driver could not explain why he did not see the woman earlier than he did. The Court found that the driver was largely responsible for the woman’s injuries. As a result, ICBC was forced to pay her compensation. 

 If you have been the victim of a pedestrian accident in Vancouver, or anywhere in BC, we can help.

Bungay Law Office 
(ICBC injury claims lawyers)
Vancouver Pedestrian Accident Lawyers 

Call us today for a free consultation, 24 hours – 7 days a week 604-684-4300 

vancouver pedestrian accident injury lawyers

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