In car accident cases, an injured person has to prove that the accident was caused by the negligence of another person.
However, even if it is clear that another driver is at fault for an accident, ICBC, on behalf of the other driver, can argue that an injured person was also partly to blame for an accident and that the injured person's damages should be reduced on a percentage basis. It is possible that your damages can be reduced if you were not wearing your seat belt, did not properly adjust your headrest, you travelled slightly over the speed limit, or for other potential reasons. It is important, even in cases where liability for the accident seems clear cut, to contact a lawyer and obtain legal advice to protect your legal rights.
We have investigators who will get statements from the witnesses to your accident so that their evidence is preserved. We also hire accident reconstruction engineers when necessary to go to the scene of accidents (before they are altered) and survey the intersections. The engineer will also inspect the damage to the vehicles involved in the collision before they are salvaged or repaired. This allows the engineer to accurately reconstruct how the accident took place should ICBC deny liability on behalf of the driver who caused the accident.