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Victim blamed for his own death in cycling case

Nov 4, 2015 | Bicycle Accidents

How would you feel if you were in an accident with a drunk driver and were blamed for your injuries? What would you do if the other party’s defence tried to say your loved one, someone who was killed, was at fault because of being drugged or negligent? Your lawyer can help you defend yourself against allegations of negligence, but the real goal is to get you the compensation you need from the party who is really responsible for the suffering you’ve been put through.

This case became shocking when a victim was accused of being responsible for his own death. A cyclist peddling through Callaghan Road was killed on May 31 when a car crossed the centre line and collided with him. The cyclist, a former Canadian national team cyclist, was riding with a fellow cyclist when they were struck by the serial drunk driver.

The driver was charged with multiple offenses following the accident. Impaired driving causing death was one of the charges he now faces. However, in the meantime, the Insurance Corporation of British Columbia, or ICBC, has claimed that the man was to blame for his own death. This claim comes despite evidence to the contrary.

The ICBC has claimed that the 52-year-old cyclist victimized by the crash was impaired by alcohol, illness, fatigue, and drugs when the accident took place. Later, the insurance corporation amended that defence, claiming that he may have had faulty brakes or been riding illegally at the time of the accident. The defence claims he had not taken proper precautions to avoid the crash.

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BEFORE YOU TELL ICBC. We can help you right now. Before you talk to ICBC, contact us. Call 604-689-2626 from 9am to 5pm, Monday to Friday or 604-TELL DEL (835-5335) after hours.

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