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Over the past weekend, news reports indicated that there was at least one pedestrian fatality and another pedestrian sustaining serious injuries in Vancouver. The rules governing the right of way between a pedestrian and a car are set out in Part 3 of the Motor Vehicle Act (the "MVA").

If a pedestrian is crossing a street at a point not in a crosswalk, or what is commonly referred to as "jaywalking", section 180 of the MVA says that the pedestrian must yield the right of way to a vehicle. However, there is also section 181(a) of the MVA that says that despite the right of way of a vehicle, a driver of a vehicle must exercise due care to avoid colliding with a pedestrian who is on the highway, give warning by sounding the horn of the vehicle when necessary, and observe proper precaution on observing a child or apparently confused or incapacitated person on the street.

If a pedestrian is crossing at an uncontrolled crosswalk, or one where there are no traffic lights or crossing lights, section 179 of the MVA says that the driver of a vehicle must yield the right of way to a pedestrian who is on the half of the highway on which the vehicle is travelling, or is approaching so closely from the other half of the highway that he or she is in danger. This right of way is qualified somewhat by section 179(2) that says that a pedestrian must not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way.

There are other sections that come into play, but these are the main ones. No one needs to explain the disadvantage that a pedestrian has when they are involved in a collision with a vehicle. The physics are clear. While these sections are designed to spell out the rules for drivers and pedestrians to follow, they offer no real protection to a pedestrian. If you or a family member have been injured in a pedestrian motor vehicle collision, the ICBC claim lawyers at Becker Lavin & Wessler can help you put your life back together.

Labels: accident, collision, crosswalk, injury, pedestrian, Vancouver

As the seasons change and the rain begins to ease up in B.C., the number of motorcycles on the roads is increasing. With a Class 6 licence, a rider can feel the freedom of the open road and the wind in their face. But, as any experienced rider will tell you, you need to watch out and ride defensively.

The drivers of cars and trucks have doors and pillars blocking their view of the road, and they don't have the open sight lines that you have. Many riders are injured in motorbike accidents each summer, typically because the other driver "didn't see them." Without the protection afforded by sheet metal and a passenger cabin to absorb the forces of impact, motorcycle riders often suffer serious or catastrophic injuries. The lawyers at Becker Lavin & Wessler have helped many riders that were injured in a motorcycle collision or a motorcycle accident, and can help you or your loved ones in the event of an injury that is the fault of another driver.

As a motorcycle rider, even if you are not at fault for the accident, ICBC will often try to say that you did not do everything you could have to prevent or reduce the severity of your injuries. This is called contributory negligence, and it is a defence that ICBC and the defendant typically raise in a motorcycle injury claim. One of the simplest things that you can do, both to prevent injuries, and to guard against the allegation of contributory negilgence, should you be injured by another driver in a motorcycle accident, is to wear appropriate protective equipment and to wear it properly.

It is mandatory that you wear a motorcycle helmet while riding a motorcycle in B.C. Make sure that you check that it is an approved helmet, that it fits you properly, and that it is securely fastened. Leather or Kevlar clothing that is resistant to abrasion will help reduce injuries. Anything that will increase your visibility and make it easier for other drivers to you or your motorcycle is a good choice. Good gloves, footwear, and eye protection are also good choices to prevent injuries in a motorcycle collision. If you are riding as a passenger on a motorcycle, makes sure that the person operating the motorcycle is experienced and is riding safely.

Despite taking all of the precautions, motorcycle accident injuries still occur. If you, a family member, or a friend has been injured in a motorcycle collision or injured as a passenger on a motorcycle, the lawyers at Becker Lavin & Wessler can help. Call or email us for a free consultation.

Labels: accident, Class 6, collision, injury, motorbike, motorcycle