2010 Vancouver Winter Olympics Car Accidents

February 10th, 2010 - No Comments »

With more than 250,000 visitors expected in the Lower Mainland and Whistler for the Vancouver 2010 Winter Olympics and Paralympic Winter Games, BC roads will be very busy with extra passengers, commercial vehicles, taxis, buses, and pedestrians.  

BC drivers involved in accidents with out of province vehicles should obtain the name of the insurance company that covers that vehicle and the policy number.  This is especially important for vehicles which are insured in the United States because unlike BC where ICBC is the universal insurance company, there are literally hundreds of possible insurance companies in the US.  It is very hard to track this down with only a license plate or driver’s license number.  The out of province insurance company may have monetary limits injury claims.  Some insurance companies may have filed an agreement with the Canadian Council of Insurance Regulators (CCIR) and this ensures that they will provide at least the minimum required injury policy limits of the province where the accident occured (in British Columbia this is $200,000).  If no agreement has been filed, some insurance carriers may only have injury limits as little as $15,000.00.

If you are involved in an accident with an out of province vehicle (even as a pedestrian, cyclist, etc.) it is important to consult an ICBC claims lawyer to ensure there is enough insurance coverage for your injuries. 

If you are from outside of British Columbia and have been injured in a car accident with a BC vehicle, you may have a claim for compensation with the Insurance Corporation of British Columbia (ICBC).  This may include coverage for medical expenses as well compensation for your pain and suffering, wage loss, and out of pocket expenses as a result of your injuries.

If you need legal advice for injuries suffered in a car accident during the Vancouver 2010 Winter Olympics, please call 604-568-9444 for a free consultation.

Grace Period Over for BC Cell Phone Ban: $167 Fine, 3 Penalty Points

February 1st, 2010 - No Comments »

Let it go to voicemail.   Just one of the tips being offered by ICBC if you want to avoid a $167 fine for using your cell phone while driving. 

Starting today, the grace period is over for BC’s new law on use of electronic devices while driving which came into effect on January 1 to prevent distracted driving.   If you are caught texting  and driving, you will also receive three penalty points in addition to the fine. 

Drivers are permitted to use hands-free technology that is activated by a single touch.  New drivers are not permitted to use any electronic devices even with hands-free options.  The ban also applies to devices such as iPods, TVs and GPS systems that require more than one touch.

According to ICBC, drivers who talk on a cell phone lose about 50 per cent of what’s going on around them and are four times more likely to get into a crash.

Coast Mountain Bus Strikes and Kills Vancouver Pedestrian

January 5th, 2010 - No Comments »

A woman attempting to cross the street at Kootenay and East Hastings in Vancouver was struck and killed this morning by a Coast Mountain Bus. 

According to Vancouver Police, the woman was crossing north to south on the east side of East Hastings Street at Kootenay when she was struck by a Coast Mountain Bus turning left on a green light onto East Hastings Street from Kootenay.  The woman was crossing at a marked crosswalk. 

Coast Mountain Buses are insured by ICBC.

If the bus driver turned left on a green light then it is not possible that the pedestrian would have been crossing against a solid “don’t walk” signal.

The BC Motor Vehicle Act states that a driver may turn left on a green light but must yield the right of way to pedestrians lawfully in the intersection or in an adjacent crosswalk.  In addition, a pedestrian facing a green light may proceed across the roadway in a marked crosswalk (unless directed otherwise) and has the right of way over all vehicles.

That being said, a pedestrian also has duties.  When the word “wait”, the words “don’t walk” or an outline of a raised hand are seen at an intersection a pedestrian must not enter the crosswalk. If a pedestrian has begun their entry across the roadway and after doing so faces the word “wait”, the words “don’t walk”, or an outline of a raised hand he or she must proceed to the sidewalk as quickly as possible (and has the right of way over all vehicles while doing so).

If the bus driver failed to yield to a pedestrian lawfully in the crosswalk on a green light, it is highly likely the bus driver will be found at fault for this accident.

Surrey Accident Claims Life of 15 Year Old

June 30th, 2009 - No Comments »

Surrey RCMP Press Release:  On 2009-06-29 at approximately 9:00 PM, a white 1999 Chevrolet Malibu was traveling south on 128th street near 82nd Ave, reportedly driving in an erratic manner. It lost control and struck a red BMW Suv which was also south bound, the Chevrolet then colliding with a lamp standard before coming to rest. A 15 year old Surrey male who had been a passenger in the Chevrolet died in Hospital. The driver and second passenger in the Chevrolet were treated for minor injuries at hospital. The three occupants of the BMW received minor injuries and were treated and released from hospital.

Alcohol & speed are being considered as factors in this collision.

Surrey RCMP Traffic Services is continuing their investigation of this collision and asks that anyone who witnessed the incident contact Cst. Glen Croutch at 604-599-0502. 

Sgt. P. Hasenpflug
Surrey Traffic Services

ICBC Discloses Jurors’ Personal Claims History

May 12th, 2009 - No Comments »

Lawyers for ICBC will be in BC Supreme Court next week to explain why the injury claims history of juror’s was searched by ICBC and disclosed to lawyers defending ICBC in a civil lawsuit over damages for injuries sustained in a car accident.

BC Supreme Court Justice Malcolm Macaulay was presiding over a jury trial on April 30 when he was informed of a settlement between the parties after only four days of trial.

According to The Victoria Times Colonist, Justice Macaulay was also told by ICBC defence lawyer Kathleen Birney that the jury list was sent to the icbc adjuster handling the claim for a search of the jurors’ personal injury claims history with ICBC.  The search revealed that at least one juror had an open claim with ICBC and another had previous claims.  Had the case not settled, Justice Macaulay would have had to declare a mistrial.

Birney told Justice Macaulay that had she taken the time to look at the Freedom of Information and Privacy Act or ICBC policy manuals, she would not have made the request.

ICBC spokesman Mark Jan Vrem told The Victoria Times Colonist that the disclosure of personal information of jurors is not an accepted ICBC practice and was a mistake – ”We are making a submission to the court on May 19 regarding the specifics of this incident and the privacy safeguards we have in place,” said Jan Vrem.” The employee’s actions have also been reviewed and appropriate action taken.”

Read the full story here.

ICBC already searches social networking sites such as Facebook, Twitter, and MySpace for anything they can use against people making a claim for injuries.  They also hire private investigators to conduct surveillaince and video tape claimants.  You don’t have expectations of privacy when you are out in public or if you post pictures on Facebook where anyone can access them.

However, it will be interesting to hear what Justice Macaulay or the Privacy Commissioner, David Loukidelis, has to say about ICBC’s abuse of their access rights to claim history.

During the course of an injury claim, ICBC collects a lot of personal data on a claimant such as medical and employment history.  How is ICBC safeguarding this information?

1,300 Crashes Involving Cyclists Every Year in BC – ICBC Offers Safety Tips

May 7th, 2009 - No Comments »

The Insurance Corporation of British Columbia (ICBC) is warning cyclists and other road users to be careful ahead of BC’s Bike to Work Week (May 11 to 17) .  “There are approximately 1,300 crashes and 1,400 injuries involving cyclists each year in BC – a number that has stayed consistent but it is still too high. We can all do our part to help make these numbers even lower,” said ICBC in a news release this week.

ICBC is offering up the following tips for cyclists and other road users:

TIPS FOR CYCLISTS

No. 1 – Brighten up: Bicycles can be hard for other road users to spot in the mix of busy traffic so cyclists need to be as visible as possible. Bright, reflective clothing is the best option for the rider, while the bicycle itself needs to have lights. If you ride at night, your bicycle must be equipped with a white headlight visible at 150 metres, and have a rear red light and a red rear reflector. Even if you are doing all of these things, never assume you have been seen by another vehicle.

No. 2 – Don’t rush: Remember to stop and look in all directions before cycling out of an intersection, driveway or lane. The majority of all children’s cycling crashes are caused by the child riding out onto a roadway without looking. Cyclists need to ensure they follow the rules of the road. Just like any other vehicle, you need to obey stop signs and other traffic control devices and enforcement.

No. 3 – Start at the top: While we’re talking rules, remember to always wear an approved bicycle helmet that meets safety standards – it’s the law in BC and you could be fined for not wearing one. Bike helmets alone could prevent up to 85 percent of serious injuries, which account for 80 percent of all bicycle-related deaths. Look for a helmet that is approved by a recognized body such as Snell. More important than who made the helmet is how it fits. It should be snug, but not uncomfortable, and should not be able to roll off of your head when the chin strap is secured.

No. 4 – Get well positioned: Position yourself so other road users can easily see you – don’t weave in and out of traffic. Importantly, ensure you always avoid riding in blind spots of other road users. Cyclists should ride on the right side of the road and in single file.

No. 5 – Be defensive: While it is fine to ride in an assertive manner, cyclists need to think and look well ahead – remember, a conflict between a bicycle and a motor vehicle usually results in injury to the cyclist. Pay particular attention for vehicles turning at intersections, and slow down and take it easy on the curves.

TIPS FOR OTHER ROAD USERS

No. 1 – Keep your eyes peeled: As a road user, it is important that you always actively look for cyclists in traffic – especially in the spring and summer months when there are more of them on the road. Wherever possible, make eye contact with the cyclist to let them know you have seen him – a cyclist often relies on eye contact as a means of communication as they try to anticipate your next move. Make sure you understand all of the hand signals that cyclists use. Shoulder checking is also important, especially when making right-hand turns at intersections and before you open your door to get out of your vehicle.

No. 2 – Put things in perspective: It is often difficult to judge the correct distance between your spot on the road and a bicycle as it is approaching, particularly when turning left. Be extra cautious for cyclists, especially when turning at intersections. Before you pass another vehicle, make sure you check for oncoming cyclists and bicycles ahead of the vehicle you are passing.

No. 3 – Don’t get close: Drivers need to pay attention and yield to people on bikes and, importantly, need to keep at least three seconds of following distance. Bicycle movements can be unpredictable so an increased distance will give you more time to safely react. A significant number of crashes involving cyclists result from side-sweeping, so make sure there is enough space if you want to pass a cyclist.

No. 4 – Keep out: Bicycle lanes are reserved for cyclists – do not drive, stop or park in a bicycle lane. Sometimes you will need to cross a bicycle lane to turn right, or to pull to the side of the road. When you need to do so, take extra care – be sure to signal well ahead and remember to always yield to cyclists.

No. 5 – Be considerate: Like pedestrians, cyclists are vulnerable road users and don’t have the protection drivers have – both in terms of the shell of their vehicle and their seatbelt. Don’t honk your horn at a cyclist unless you need to give them a warning. A loud honk could startle them or even cause them to fall.

Whiplash and Men

April 15th, 2009 - No Comments »

by Mark Frobb, MD

Athletes are commonly overlooking whiplash and concussion in sports-related injuries, particularly when there is no visible sign of trauma. Major League third-baseman Corey Koskie watched helplessly as his $26 million-plus career hit a 31-month stall from whiplash and post-concussion syndrome.

While rugby provides a more obvious opportunity to sustain a neck injury, a seemingly insignificant fall can also result in devastating, career-ending whiplash-associated disorders. Two and a half years after falling backwards while catching a foul ball as third baseman for the Milwaukee Twins, Canadian-born Corey Koskie is making what will likely be his last attempt to successfully return to the sport he loves. At 35, Koskie signed to a minor-league deal in February 2009 and could join the Chicago Cubs in March.

“I went from playing baseball to not being able to walk through doors…There’s no X-ray that shows you’ve got a broken bone,” Koskie explained. “I’ve said many times that if I write a book, I’d call it ‘If I Only Had a Cast.’ People think you’re fine, and the times they’d see you, you would be fine. But three days before, you couldn’t leave your room because your head hurt.”

Koskie’s fall onto his upper back produced a whiplash force to his neck, resulting in a postconcussion syndrome with months of debilitating headaches and dizziness. “It was a very benign fall, everybody was telling me I’d be better in a week because I barely fell, and I didn’t get better…I went from doctor to doctor to doctor and I just fell through the loopholes,” explained Koskie.

In Fall 2008—more than 2 years post-injury—John Groves, a Minneapolis-area physical therapist, detected Koskie’s neck issues and prescribed exercises to loosen the area. Finally, Koskie saw improvement.

The story is an all-too-common one. The symptoms of whiplash-associated disorders are often illusive and the treatment fraught with idiosyncrasy at best. Whiplash sufferers must educate themselves on the condition and strive to seek the best possible care—despite what can be discouraging dead ends. After 30 years as a spinal care and pain management physician, I’ve seen far too many athletes question themselves and their own mental health while dealing with whiplash.

The younger the body, the more likely it is to bounce back from the aches and pains that follow intense athletic activity. When considering hockey players, however, exceeding speeds of 40 km/h on the ice, it comes as no surprise that they show whiplash-associated disorders (WAD), regardless of how their personal injury occurs. In fact, hockey players are suffering the same trauma as a low-speed automobile accident or likely greater when they impact the boards or another player.
 
Regardless of the sport, players, coaches, family and physicians should be aware of the risks and incidence of whiplash-associated disorders with resulting Mild Traumatic Brain Injury (MTBI) in athletes.

Your Injury, Your Recovery, Your Rights

“It might take a little time, but there is light at the end of the tunnel. You can get back to life before your injury. Not everyone is going to be able to play Major League Baseball after a concussion, but to get back to somewhat of a normal life, that’s all I wanted,” Koskie said.

In addressing the specific needs of whiplash patients, I felt there was a call for a comprehensive manual that could be read cover-to-cover in an evening. Surviving Whiplash: Saving Your Neck Without Losing Your Mind satisfies that requirement by walking readers through each step of their experience with whiplash, providing them with immediately usable, practical advice and the ability to become their own best advocate.

Ultimately, we all must take responsibility for our own recoveries, regardless of their cause or severity. Surviving Whiplash: Saving Your Neck Without Losing Your Mind is my effort to ensure whiplash survivors are able to do just that.

About Mark Frobb, MD, CCFP, CAFCI: a Pain Management physician and whiplash-associated disorder (WAD) specialist with a special focus on Orthopedic Medicine Rehabilitation and spinal care problems. In his third decade of clinical practice, Dr. Frobb’s personal experience and internationally published clinical work on the treatment of chronic back pain have earned him the respect and recognition of his medical colleagues. As a medical expert on whiplash-associated disorders, Dr. Frobb has prepared literally hundreds of medical legal opinions on behalf of his patients involved in litigation with insurance companies.

For more information or to order your own copy of Surviving Whiplash: Saving Your Neck Without Losing Your Mind, visit www.survivingwhiplash.com

Women and Whiplash

April 15th, 2009 - No Comments »

 by Dr. Mark Frobb

 If you’re a woman and you’ve suffered a whiplash injury you may be overlooking critical information that could dramatically affect your recovery.  Women tend to fare far worse than their male counterparts when living with whiplash. And when it comes to this particular malady, timing is everything.

In my 30-plus years of clinical practice as a Pain Management Physician, I’ve seen an imbalance in the ratio of male to female whiplash patients. I’ve also seen issues that are unique to women’s whiplash recovery specifically. Sixteen thousand patients have inevitably led me to draw this conclusion: patient education, and the education of their support network, can make all the difference. When it comes to whiplash and women, results are even more staggering.

 “After 23 months, my neck movement is still limited…even simple neck movements can surprise me with excruciating, shooting, severe pain. With the accompanying forgetfulness, personality and mood swings, irritability, anxiety and depression, I thought I would go crazy!” Valerie Oskam, a Pharmacy Technician, is not alone in her experience of a multitude of unexpected and debilitating symptoms while recovering from a whiplash-associated disorder (WAD).

 Typical female anatomy dictates that women have less muscle mass than men, resulting in a greater severity of whiplash injury. Women now face additional challenges to receiving appropriate settlements for their injuries due to the Minor Impact Soft Tissue (MIST) policy adopted by the insurance industry—also known as the No Crash No Cash policy [ICBCINJURYCLAIM.COM NOTES: ICBC refers to this policy as their low velocity impact program]. MIST asserts that it is virtually impossible to sustain any permanent or serious injury in a low-damage automobile accident; however, impacts of less than 13 km/h (8 mph) translate into 800 pounds of stress on a 100-pound woman.

 Air traffic controller Russell Kanhai had this to say, “As a whiplash victim with former military jet training experience, I am absolutely amazed to read in this excellent handbook that even seemingly minor whiplash accidents can subject whiplash victims to G forces well in excess of the G tolerances authorized on aircrew and aircraft.”

 These “G forces” are the reality of trauma your neck is experiencing when sustaining a whiplash injury. If it’s unacceptable for a military jet pilot to withstand, it seems grossly inappropriate to expect anyone else to. The handbook he refers to is my most recent publication Surviving Whiplash: Saving Your Neck Without Losing Your Mind.

 Until now, women recovering from whiplash had no easy choice when accessing step-by-step instructions for understanding their injury or discussing it with healthcare providers, insurance agents or legal counsel. In addition to their pain and anxiety, they were left to guess at their most appropriate next move—possibly with intense pressure from an insurance provider or even a loved one. The wrong choice could very easily leave them without the appropriate financial settlement or medical intervention they could need to a manage a significant loss of income or permanently altered lifestyle.

Many women are doing double duty with families and careers, returning home from an 8-hour workday and a lengthy commute to tend to their “second shift”. Further compounding the problem, these women may be additionally confronted by a “get over it” attitude from employers, family members, insurance companies, and even caregivers.

 Your Injury, Your Recovery, Your Rights

In answer to the specific needs of my female whiplash patients, I created a comprehensive manual that can be read cover-to-cover in an evening. Surviving Whiplash: Saving Your Neck Without Losing Your Mind walks women through each step of their experience with whiplash, providing them with immediately usable, practical advice and the ability to become their own best advocate.

Ultimately, we all must take responsibility for our own recoveries, regardless of their cause or severity. Surviving Whiplash: Saving Your Neck Without Losing Your Mind  is my effort to ensure whiplash survivors are able to do just that.

About Dr. Mark Frobb: a Pain Management physician and whiplash-associated disorder (WAD) specialist with a special focus on Orthopedic Medicine Rehabilitation and spinal care problems. In his third decade of clinical practice, Dr. Frobb’s personal experience and internationally published clinical work on the treatment of chronic back pain have earned him the respect and recognition of his medical colleagues. As a medical expert on whiplash-associated disorders, Dr. Frobb has prepared literally hundreds of medical legal opinions on behalf of his patients involved in litigation with insurance companies.

For more information or to order your own copy of Surviving Whiplash: Saving Your Neck Without Losing Your Mind, visit www.survivingwhiplash.com

Slipping and Falling on Snow Filled City Roads

January 5th, 2009 - No Comments »

With all of the snow falling in Vancouver lately, it seems like a timely topic to discuss the liability of municipalities of not removing snow from roads and sidewalks.

Bonnie Talarico was injured on December 24, 2003, when she slipped and fell on a patch of ice under fresh snow on the side of the road in the Town of Fort Nelson.  Ms. Talarico broke her ankle and required mutiple surgeries.

She took legal action for her injuries from two defendants, Northern Rockies Regional District and the Town of Fort Nelson (Talarico v. Town of Fort Nelson, 2008 BCSC 861).

ICBC Claims for Car Accident Injury

January 5th, 2009 - No Comments »

Car accidents are a fact of life. They happen every day in British Columbia. According to the Insurance Corporation of British Columbia (ICBC) in 2005, 459 people were killed and 78,000 people were injured in motor vehicle crashes on BC roads. On a typical day, there were 695 motor vehicle collisions, 215 people were injured in crashes — including four cyclists and six pedestrians, and at least one person died. If you’ve been injured in an auto accident and are looking for information about how to assess your rights and responsibilities and where to go for help, you’ve come to the right spot. A Vancouver Personal Injury Lawyer can help you assess your rights when making an ICBC claim and eventually assist you in obtaining a fair ICBC settlement of your injury claim.

A Vancouver ICBC Lawyer will offer you a free consultation for your ICBC Claim and will take on your case on a contingency basis. This means if no money is recovered for your ICBC Injury Claim, there is no fee.

If you are injured as a result of a car accident in BC you may have an ICBC Claim. You need an ICBC Claims Lawyer to deal with ICBC to fight for your rights and eventually obtain a fair ICBC settlement for your injury claim.

Generally, if you are injured in a auto accident in British Columbia, regardless of who is at fault, ICBC must provide accident benefits (called Part 7 Benefits) to cover medical and rehabilitation expenses up to a maximum of $150,000. These accident benefits can include expenses such as physiotherapy or chiropractor treatments, medications, home support services, and medical equipment. In addition, if you are unable to work as a result of your injuries, you may be entitled to wage loss benefits.

In making an ICBC Claim you may be entitled to an award for pain and suffering, special damages (out of pocket expenses), wage loss, cost of future care expenses, and future loss of earning capacity.

Consult a Vancouver ICBC Lawyer prior to dealing with ICBC to know all your rights. If liability (who is at fault) is an issue, a thorough investigation of the accident scene is necessary.

A Vancouver ICBC Lawyer will offer you a free consultation for your ICBC Claim and will take on your case on a contingency basis. This means if no money is recovered for your ICBC auto collision injury claim, there is no fee.