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Assessment of fault

  • Published by Paul Hergott, Personal Injury Lawyer

A recent small claims decision highlights a common misunderstanding about our rights. And that ICBC doesn’t jump to clear up the confusion. I feel for the Claimant, Frank. He went step by step through the process outlined by ICBC to [...]

  • Published by Paul Hergott, Personal Injury Lawyer

The RCMP are not speculating about the cause of the horrific crash before gathering and analyzing all the evidence. Nor should they. But I will. I think it’s important, particularly while the horror of the crash is still fresh and [...]

  • Published by Paul Hergott, Personal Injury Lawyer

Is there any onus on pedestrians to avoid falling on slippery surfaces? I made a case for safe and passable sidewalks in my last column Are you liable if someone slips on the sidewalk in front of your home? One [...]

  • Published by Paul Hergott, Personal Injury Lawyer

It’s downtown Vancouver.   Eastbound lanes of traffic are at a complete stop for a red light. The driver of an eastbound pick-up truck illegally veers into the westbound lanes to skip ahead to a left turn lane.It’s downtown Vancouver. [...]

  • Published by Paul Hergott, Personal Injury Lawyer

A pedestrian is wandering, perhaps stumbling, within the vehicle lanes of the highway going through West Kelowna. There is no natural light at 4:30 a.m. on that October 21, 2017, morning. He is struck and killed. A news report commends [...]

  • Published by Paul Hergott, Personal Injury Lawyer

An ATV and dirt bike collide at a blind corner on a winding dirt road. Mr. Bye, the biker, suffers injuries and losses assessed at over three million dollars. The stakes are high in the assessment of “who’s at fault?” [...]

  • Published by Paul Hergott, Personal Injury Lawyer

Inattention is criminal. Or is it? You be the judge. R. v. Dunford, 2015 SKQB 386 Keith Dunford, and inattentive driver, was driving through a highway construction zone with signs cautioning to be prepared to stop, prohibiting passing and requiring [...]

  • Published by Paul Hergott, Personal Injury Lawyer
Traffic during the rush hour

‘Tis the season…for heavy traffic. Heavy traffic sets up one of the most dangerous circumstances I see in my personal injury practice. Approached with alert, common sense, they aren’t dangerous at all.  Unfortunately, “alert, common sense” seems less common than [...]

  • Published by Paul Hergott, Personal Injury Lawyer
Aerial view of parking lot

‘Tis the season….to be in a parking lot. It’s a cruel kind of torture, driving up and down isle after isle to find a spot. Everyone else seems to have the uncanny sense of anticipating when a vehicle is about [...]