Troy McLelan
Associate Lawyer – Simpson, Thomas & Associates
A major car accident can leave a driver, passenger, pedestrian or cyclist with serious injuries including broken bones, spinal cord injury that leads to paraplegia or quadriplegia, and traumatic brain injury. While personal injury lawsuits are based in the law of negligence, criminal charges and illegal activity frequently factor into ICBC claims. Entitlement to ICBC insurance coverage and the determination of fault for the accident are some of the important aspects of a personal injury claim that can be impacted by illegal activity.
When it comes to car accidents, what is illegal activity?
Driving while impaired by drugs or alcohol, street racing, and stunt driving are three well-known examples of illegal activity. These clearly dangerous driving behaviours increase the risk of car accidents and can cause significant injuries to other drivers and users of the road. Such illegal activity can lead to both criminal penalties and civil consequences. A driver may be ticketed and required to pay a fine, or subject to imprisonment in serious cases (for example, a car accident which caused death). The driver may also be personally liable for all the civil damages arising out of motor vehicle accident.
Other examples of illegal activity
When it comes to car accidents and illegal activity, there are other perhaps less obvious offences to be aware of, as they may impact insurance coverage, ICBC claim eligibility, and policy limits (in other words, the maximum amount of insurance that can be paid out to an accident victim). Examples include driving while prohibited, driving while your licence is suspended, driving without insurance, and failure to notify ICBC if a vehicle you own or were driving is involved in an accident that injured someone or damaged property. These offences may result in denial of ICBC coverage and can lead to an at-fault party being personally responsible for civil damages.
Failing to stop after a car accident
Hit and runs are another example of illegal activity that can lead to profound consequences. It is a crime for a driver to fail to stop at the scene after a collision involving another person or vehicle. It is also an offence for a driver to leave the scene of an accident without providing assistance to an injured person, or for a driver to fail to provide his or her name and address. A hit and run accident in BC carries the potential for serious criminal penalties and has a significant impact on personal injury claims arising from the accident, both for the at-fault driver and the accident victim. There are specific rules and coverage limits that apply to ICBC hit and run claims.
Injured by another driver’s illegal activity? Contact us
Personal injury claims can be complex, and allegations of illegal activity may further complicate claims and insurance coverage. The legal team at Simpson, Thomas & Associates has extensive experience handling claims arising from all types of accidents. We represent clients who have sustained all manner of injuries, ranging from soft tissue injuries, to spinal cord injuries, fractured bones, and traumatic brain injury. Lawyers at our firm can assist you in exploring your claim options and securing the compensation you deserve. Call us on 604 689 8888 and request your free consultation today.
