Bus claims

Recently I looked at a number of files where people have been injured when they have fallen as a result of a sudden movement by the bus driver and want to make an ICBC claim. One might think, "so they fell - suck it up", but these people have all suffered fairly serious injuries (all fractured some bone or other).

The reality of our law in BC is that you have to prove that somebody was negligent and that negligence caused your damages (see my earlier post about an ICBC claim that went sideways).

So, just because the Vancouver bus driver slammed on the brakes does not mean he was negligent.

I have two things to say about these bus claims that I've reviewed. First, if you have been injured on a bus and want to make a claim - hire a lawyer right away, because you are more than likely going to mess it up if you deal with it on your own. I looked at two cases this week where I refused one claim because the previous law firm didn't take the proper steps and I looked at another where a colleague of mine at McComb Witten handled it from the beginning. My colleague put together a good claim because he asked the simple question "who was negligent here?" and took steps to find the person who was negligent (and it may not have been the bus driver). Second, don't bother unless you are seriously injured!!!