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

Ms. Blenkarn was at fault for her 1st accident. She was later involved in 4 more mva’s for which she was not at fault. Her 2nd – 4th mva’s worsened her 1st mva injuries. Her 5th 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 1st accident &
  • thus, her damages should be significantly reduced to account for this.

Continue reading

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

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