Category Archives: Fault for an accident

Woman in 5 mva’s was at fault for the 1st one – Judge deducts $67,000 from her total award

January 25, 2017All, Cause of injuries, Fault for an accident, indivisible injuriesChris Temple

Ms. Blenkarn was at fault for her 1^st accident. She was later involved in 4 more mva’s for which she was not at fault. Her 2^nd – 4^th mva’s worsened her 1^st mva injuries. Her 5^th mva was more significant and caused her to stop working because of her headaches. At trial ICBC’s lawyer argued that:

all of Ms. B’s injuries were mainly caused by her 1^staccident &
thus, her damages should be significantly reduced to account for this.

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Claimant’s chronic pain much worse after mva— $110,000 for pain & suffering less 50% for his fault

October 21, 2016All, Cause of injuries, Chronic pain - awards, Fault for an accident, Pain & suffering award, Pre-accident problemsChris Temple

Mr. McNeilly, 52, was suffering from a back injury, degenerative disc disease & severe pain in both feet before his accident. Then he suffered shoulder, hip, neck & chest injuries from his mva.

Two of the main issues at his trial were:

– to what extent his condition was worsened by his mva &

– whether he was partly at fault for his mva. Continue reading →

Pedestrian talking on phone struck in crosswalk — judge found her 25% to blame

August 21, 2016All, Cause of injuries, Duty to try hard to get better, Fault for an accidentChris Temple

Ms. Olson was struck & injured by a car while walking across an unmarked crosswalk. As she left the curb she was engaged in a telephone conversation.

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