REAR END COLLISION Lawyers – Abbotsford
Rear End Accident Lawyers For Abbotsford & Surrounding Area
At Bungay Law Office, we are experts at dealing with rear-end collision accidents. Generally, over 90% of the claims we have dealt with over the past 14 years are rear-ended crashes. This experience gives us the knowledge and expertise to get you the best possible ICBC settlement.
Abbotsford Rear End Collision Lawyers (ICBC claims lawyers)
Contact us today for a free consultation
604-621-4431
Clearbrook Plaza, Suite 260 – 2655 Clearbrook Road, Abbotsford
14+ years experience in rear-end collision law – Abbotsford, Surrey & Vancouver
ICBC Injury Claims – Car Accident Injury Law… it’s all that we do.
Rear-end ICBC accidents: Who is to blame?
Most of the time, if one car hits another in the back, the car that did the hitting is 100% responsible. This law was decided a long time ago by the Supreme Court of Canada. Back in 1956, the Court stated:
There can be no doubt that generally speaking, when a car, in broad daylight, runs into the rear of another which is stationary on the highway and which has not come to a sudden stop, the fault is in the driving of the moving car, and the driver of such car must satisfy the Court that the collision did not occur as a result of his negligence . . .
Can ICBC find you responsible if you were hit from behind?
Do many people ask if ICBC can find you responsible if you were the car hit from behind? The answer is “yes”, ICBC may in some cases try to blame you. This most often happens in three (3) vehicle collisions where you are the middle car who is sandwiched between other vehicles. Sometimes, the vehicle in front of you may not tell the truth and may say you hit them before another car hit you. In such a case, it is important to get legal advice before you talk to ICBC. An experienced rear-end collision lawyer can talk to ICBC on your behalf and interview any potential witnesses to the accident. If you speak to ICBC without talking to a lawyer first, you may accidentally cause ICBC to find you responsible.
Whiplash Injuries: Most common ICBC injury from rear-enders
Whiplash injuries are the most common form of injury we see from rear-end collisions in Abbotsford. This type of injury happens as a result of the very fast acceleration/de-acceleration that occurs in a rear-end crash. As a result of these forces, your upper body and neck whip forward and backward at a very fast rate. The back of one’s head can strike the headrest at a violent rate of speed. The most common result is a soft tissue injury to the neck, upper back, and shoulders. Similar injuries to a person’s back also result from this body movement post-crash.
Insurance companies (and sometimes physicians) often minimize whiplash injuries that happen from rear-end accidents. Insurance companies such as ICBC want you to think that your whiplash injury is minor so that you will accept a lower settlement. It is important to remember that, while some whiplash/rear-end injuries are minor, many are not. Whiplash injuries most often involve microscopic tearing of the muscles of the neck and back. While this tearing cannot usually be seen on an x-ray, it can, nevertheless, be quite serious. While many people recover from such injuries, a lot of people do not recover. Soft tissue injuries can be long-lasting, and in some cases, can cause serious limitations in one’s personal life and working life. Many people who do labour jobs have difficulties working after a serious soft tissue injury. Similarly, people with desk jobs may also encounter problems working. Sitting for long periods of time and doing computer work can be very painful for someone who has neck and back pain. Sitting is often an aggravating factor for these types of injuries.
We are experienced rear-end collision lawyers, and as such, we can help get you the treatment you need
At Bungay Law, we can make sure you get all the medical treatment you need for your rear-end collision injuries. First, we can ensure that your treatment costs get paid 100% upfront. If you do not have our help, ICBC may try and make you pay a “user fee” for any treatment you initially get. This means that ICBC will pay part of the treatment and then make you pay for as much as half of it upfront. We take steps to ensure your treatment costs get covered without you paying anything upfront.
We can also make sure you get the right medical care after your rear-end accident. If you have an injury that is persisting, your doctor may want you to have a medical scan or test to review the injured body part. If you wait for such a test in the public medical system, you may be waiting for months. In the meantime, you have to suffer from your pain, wondering what your diagnosis will be. We can help you avoid these wait times by arranging to have any medical testing done privately. Our law firm will pay the cost for a medical scan for you at a private facility. There is no upfront charge to you for this, and we make ICBC pay the costs of these medical tests.
Your injury may also require you to see a medical specialist. Again, if you wait for such an appointment through the public system, you could be waiting up to a year for an appointment. We can jump these wait times and arrange for you to see a specialist doctor in a matter of weeks, if not days.
Texting and Driving: The most common reason for rear-end collisions in Abbotsford
Distracted driving is one of the most common reasons for rear-end collisions in Abbotsford. This occurs when a driver is using a cell phone, most often text messaging while driving. Research now shows that using a cell phone when driving causes someone to have the same problems as if they were impaired by alcohol.
Between 2010 and 2014 alone, there were 81 deaths in BC caused by people using their cell phones. Research also shows that, on average, if someone is checking their phone or sending a text, their eyes are off the road for approximately five seconds.
Rear-end crashes happen in the blink of an eye. A few seconds make the difference between someone applying the brakes on time or someone running into the back of you.
If you are hit from behind, if possible, it can be helpful for you to look immediately to see if the other driver is using a cell phone. A common sign of this is if a driver gets out of the car immediately while holding his or her cell phone. This is evidence that the driver who rear-ended you at least had the phone within immediate reach at the time of the crash. This will be important information for ICBC to have when you report the accident. Often, drivers who hit you may not be honest with ICBC. The driver might try and say that you slammed on the brakes or stopped suddenly. In even worse situations, the passenger of their vehicle may also lie for them. In order to avoid you being assigned blame, giving ICBC some evidence that the other driver was on their phone can help ensure you are not held responsible for the crash.
If you have evidence the other driver was using their cell phone at the time of the rear-end crash, this allows your lawyer to do a better job of helping you. As your rear-end accident lawyers, we often get an opportunity to ask the other driver questions about what happened. If you have evidence the other driver was on the phone, this allows us to grill the other driver with questions about their cell phone use. In some cases, we can even have the court order that person to produce their cell phone records to show what they were doing at the time of the rear-end collision.
Abbotsford Rear End Collision Lawyers (ICBC claims lawyers)
Contact us today for a free consultation
604-621-4431
Clearbrook Plaza, Suite 260 – 2655 Clearbrook Road, Abbotsford
14+ years experience in rear-end collision law – Abbotsford, Surrey & Vancouver
ICBC Injury Claims – Car Accident Injury Law… it’s all that we do.
BACK to: Abbotsford Car Accident Lawyers page
Author: