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fault

  • Published by Hergott Law,

If I am injured in a crash, will my failure to wear a seatbelt impact my ability to recover compensation for my injuries? What if the defence cannot prove that a seatbelt would have made any difference to my injuries? In

  • Published by Hergott Law,

Do I have to wait for oncoming traffic to completely stop before turning?  Can I assume they’ll stop if I see them slowing down?  Shouldn’t they expect someone like me to be executing a left turn across their path on

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Faced with different stories of how a crash happened, who will the judge believe? What factors will be considered in assessing the credibility of the parties? In the case of Bingul v. Youngson, 2016 BCSC 1868, Madam Justice Baker was

  • Published by Hergott Law,

I was waiting in the intersection  to make a left hand turn. When the traffic light turned red I made  the turn in order to clear the intersection. An oncoming car ran the light and hit me. Whose fault is

  • Published by Hergott Law,

Is the left-turner always at fault in a collision? What if the through driver is also negligent? Today’s summary comes from a 2010 decision of the Supreme Court (Kelly v. Yuen 2010 BCSC 1794). Mr. Justice MacKenzie provides a thorough