League and Williams Lawyers

Tag: BC Personal Injury Lawyers

  • What is a Crosswalk? The Answer Might Surprise You

    What is a Crosswalk? The Answer Might Surprise You

    Most people think that a crosswalk is only that area on a street marked with parallel white lines.  Unfortunately, most people are incorrect.  The B.C. Motor Vehicle Act defines a crosswalk as:

    “crosswalk“ means

     (a) a portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface, or

     (b) the portion of a highway at an intersection that is included within the connection of the lateral lines of the sidewalks on the opposite sides of the highway, or within the extension of the lateral lines of the sidewalk on one side of the highway, measured from the curbs, or in the absence of curbs, from the edges of the roadway;

    B.C. law clearly states that a crosswalk includes an unmarked area if it is at an intersection and within imaginary lines drawn from opposite sides of the highway (road), or within imaginary lines on one side of the highway (such as across the base of a “T” at a T-intersection).  An intersection is defined in the B.C. Motor Vehicle Act as:

     “intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of the 2 highways that join one another at or approximately at right angles, or the area within which vehicles travelling on different highways joining at any other angle may come in conflict;

    This means that a crosswalk exists whether the intersection is controlled by a stop sign or a stop light, and whether or not there are distinct pedestrian markings.

    At LaW, we care about pedestrian rights and fight to make sure your rights are protected.  For a free consultation, call 250-888-0002.

  • Personal Health Information Protection: What injury claimants need-to-know

    Personal Health Information Protection: What injury claimants need-to-know

    After a car accident in BC, some people choose to deal with ICBC themselves.  If they are claiming for compensation for injuries sustained in the accident, it will be necessary for medical information to be provided to ICBC.  ICBC provides an authorization form it expects self-represented claimants to sign that allows adjusters to deal directly with the claimant’s medical providers and to obtain information about the claimant.  However, doing so provides ICBC a disturbing amount of access to a claimant’s personal health information.  The medical authorization form that self-represented people are required to sign gives ICBC the complete freedom to acquire all of a claimants personal medical records, going back as far in time as ICBC chooses and gives ICBC permission to store those records indefinitely.  A typical authorization says the following:

    To whom it may concern:

    I, (name of claimant), authorize every medical practitioner, chiropractor, physiotherapist, occupational therapist, dentist, medical insurer, ambulance owner (including British Columbia ambulance service and emergency health services commission) and the employees of every hospital is defined in the hospital act, to provide any representative the insurance Corporation British Colombia upon presentation of this authorization or photocopy thereof:

    • Any and all records, ex-rays and other medical imaging, information and evidence in their possession and/or,
    • a reporter’s certificate, including but not limited to the diagnosis, treatment, current conditions, and prognosis, in any format specified by the Corporation including verbal, written and electronic formats,

    Relating to issues raised by my claim for injuries incurred on or about (date of accident), including medical history and physical condition both prior and subsequent to the above date, regardless of elapsed time.

    At the bottom of the ICBC form provided to self-represented claimants, it also says the following:

    …. There is also a possibility information will be referenced on future claims you may have.

    In contrast, when a claimant is working with a personal injury lawyer – they work with their personal injury lawyer to determine what medical information is relevant and material to the claim. ICBC is then only provided with the information that is relevant and material to the claim at the appropriate time in the claims process. For most people, there is nothing more personal than their private health history and their personal health information. Signing blanket forms that provide ICBC employees with the right to not only access a person’s entire medical history but to use it on future claims is not appropriate and should be guarded against – something that is best done with the representation of experienced personal injury lawyers.

    At League and Williams, our experienced and trusted personal injury lawyers have the knowledge and expertise to work with you on your ICBC claim and will endeavour to keep your personal health information protected by providing only the information that is necessary to process your claim to ICBC.  We are happy to provide you with a free consultation, offer evening and weekend appointments – and are always focused on helping you recover from your injuries, physically and financially.  We may be contacted at (250) 888-0002 or via email at info@leaguelaw.com. 

  • Distracted Driving a Problem for Young Drivers in BC

    Distracted Driving a Problem for Young Drivers in BC

    In British Columbia, about 6.6% of drivers are aged between 16 and 20 years old, however, they account for 14% of drivers involved in a crash.  Research has shown that those who are in the beginner stage of the Graduated Licensing Program (GLP) – “N” drivers are 45% more likely to get into an accident than experienced drivers.  Further, the crashes young drivers are involved in tend to be severe, with 1 in 4 accidents involving a young driver resulting in a serious injury or fatality, perhaps because of less seat belt use or a tendency to drive faster.  A significant share of the accidents involving young drivers are the result of distracted driving.

    Due to the growing number of young drivers involved in car accidents as a result of distracted driving in British Columbia and the far reaching consequences these crashes have on the lives of young people and their families, the Trial Lawyers Association of British Columbia (TLABC) is supporting a program to directly address the issue.  The goal of the program is to reduce distracted driving among young drivers and to ultimately spare young drivers from life changing injuries and death that result from distracted driving accidents.

    The TLABC program is an outreach initiative that will give presentations to students at BC high schools on the dangers and impacts of distracted driving.  It highlights the reality of increased risk that comes with taking attention away from the road for even just two seconds.  It also highlights that distracted driving is not limited to just cellphone use behind the wheel but also includes smoking, eating, drinking, adjusting the radio, and using a digital map.  The risk of injury is amplified by the fact that younger drivers tend to use seat belts less and to drive at higher speeds.  The program aims to reduce the frequency of these incidents by educating high school students about safety from distracted driving and the legal consequences related to negligence.

    It is important to note that, under British Columbia’s GLP, new drivers are not permitted to use any electronic devices, even if they are hands-free due to the distraction the use of these devices pose.  Use of these devices by a driver with either a “L” or an “N” license can result in a violation ticket being issued and will also come with 3 penalty points that will trigger a review by the Superintendent of Motor Vehicles.  If a “L” or an “N” driver is issued a suspension (is prohibited from driving for a period of time), the 24 month “N” driving period starts over when the prohibition ends and the driver gets re-licensed.

    League and Williams are pleased to support the TLABC End Distracted Driving program and share that associate Karina Carson will be actively contributing to this program aimed at saving young lives.

    If a distracted driver has injured you or a loved one, it is important to take the necessary measures to recover from the accident and to keep a record of what happened (keep photographs and a diary) and the information from those who witnessed the accident (contact information and witness statements).  Recovering fair compensation for the damages from a BC accident is easier when working with an experienced BC personal injury lawyer, such as Darren Williams.  It is best to speak with a lawyer shortly after an accident has happened to protect your interests.  Lawyers at League and Williams may be reached through (250) 888-0002 or our website’s contact form. You may also email us at info@leaguelaw.com.