Motorcycle accidents and ICBC.

Unlike automobile accidents, motorcycle accident victims often have severe injuries to arms and legs, including loss of a limb. We recognize that motorcyclists are often deemed by witnesses to be driving at a higher speed than accurate. Further, we are aware that the general public often assumes the motorcyclist is at-fault.

What Factors Does ICBC Consider in Determining Fault and Damages?

ICBC will examine all the available information before the accident and look for any evidence of negligence to determine who is “at-fault” and in awarding damages. ICBC may attempt to reduce your compensation even if you are determined not to be “at-fault” after reviewing:

your motorcycle’s condition (i.e. proper maintenance, meeting the safety standards for tire tread, tire inflation and brakes);
the location of your motorcycle upon impact (i.e. left, centre or right side of lane);
your actions immediately before the accident (i.e. failing to pay attention or driving unsafely);
whether or not you were wearing appropriate safety devices (i.e. a certified helmet and protective clothing, including appropriate footwear).

The Importance of Witnesses

As with a car accident, evidence from witnesses and the accident scene are key in determining liability. An accident reconstruction expert may need to be retained, preferably one well-versed in collisions between motorcycles and other vehicles, objects or pedestrians. We regularly work with accident reconstruction engineers and specialists in our practice.

What Can We Do?

At Fishman Lawyers representing vehicle accident victims and disabled people is what we do. An experienced motorcycle accident lawyer in Vancouver can help you get the damages to which you are entitled.