Recent Supreme Court of British Columbia case illustrates the need for competent legal representation.

http://www.courts.gov.bc.ca/jdb-txt/sc/16/09/2016BCSC0948.htm

This case featured a plaintiff with injuries arising from two accidents: one occurring on August 27, 2010; and the second on September 1, 2010. These two accidents occurred less than a week apart and almost 6 years ago. The plaintiff was alleging that these accidents had resulted in soft tissue injuries to his neck, shoulders, and back, which had hampered his ability to work and left him with a reduced capacity to work.

In this case, the evidence lead by the plaintiff “was confined to his evidence, that of a co-worker, his brother and his former chiropractor“. What this did was put extra emphasis on the credibility of the plaintiff. In other words, the plaintiff did not have proper expert evidence to corroborate the substantial claims he was making, and the judge was forced to rely more on the credibility of the witness than he otherwise would have. As the plaintiff had a history of under reporting his income in order to qualify for more social assistance, his credibility was going to be a severe issue for him and the judge approached his evidence with “great scepticism and care“.

Additionally, the plaintiff himself was not qualified to make a diagnosis of the types of injury(ies) that would lead to a long term disability, and he failed to produce any experts providing this kind of opinion. In order to make a claim for long term disability, it typically requires retaining multiple medical experts as well as functional and vocation experts. The judge found the plaintiff’s evidence, that he had hear of a similar case in the news settling for $1,000,000, inadequate. Ultimately, the plaintiff was awarded $15,000 for non-pecuniary damages, $3,788 for special damages (special damages typically consist of treatment costs), and dismissed the rest of the plaintiff’s claim.

This case may represent an extreme example, but most certainly illustrates the value of an experienced personal injury lawyer.

Hit and Run Witnesses Needed for Incident in the East Vancouver / Commercial Drive Area.

I am looking for witnesses to a motor vehicle collision, which occurred on January 19, 2016 at approximately 4:00 PM.

A young lady was riding a skateboard southbound on Commercial Drive in the City of Vancouver. She stopped at the intersection with 12th Avenue on the east side of the street for a “Don’t Walk” sign. When the sign changed to a “Walk” sign, she proceeded forward.

Suddenly, a vehicle ran a red light and struck the young lady and knocked her to the ground. She lay on the ground for a while, while bystanders spoke with the driver of the vehicle. The driver eventually left the scene of the accident without providing his contact information. He was driving an older and lighter coloured truck.

If you have any information about the driver of the vehicle or this accident please contact me right away via this website or by phone at 604-833-4878.

Penalty for “Distracted Driving” in British Columbia more than doubles.

http://www.cbc.ca/news/canada/british-columbia/bc-distracted-driving-law-change-1.3573249

The British Columbia government is increasing the minimum penalty for distracted driving by more than double, to $368. Additionally, offenders will have to pay off penalty points on their driving records. The added penalties for points will range from 4 points, with a value of $175, for first offenders to as much as $14,520 for tenth time offenders.  Other penalties such as driving prohibitions and license reviews will apply to repeat offenders.

The government cites a failure by the public tor respond to existing fines as the reasoning for the sharp increase. However, ICBC’s own statistics show that the number and rate of fatalities caused by distracted driving has fallen considerably since 2010:

http://www.icbc.com/about-icbc/newsroom/Documents/quick-statistics.pdf

102 deaths were caused by distracted driving occurred in 2010 vs 66 in 2014. That being said, any death caused by distracted driving is one too many. Even though, we are seeing a drop in deaths caused by distracted driving, they continue at far too high of a rate. What do you think about these increased fines?