Tag: loss of income claim

$35,000 Pain and Suffering Awarded to Injured Cyclist

In reasons for judgement released today, Madam Justice Boyd of the BC Supreme Court awarded a 53 year old paramedic $35,000 non-pecuniary damages (pain and suffering) as compensatory damages for a shoulder injury.
The Plaintiff was injured in Surrey, BC when his bicycle struck an SUV that turned left in front of the Plaintiff as he tried to clear an intersection. The collision was significant in that the bicycle struck the right front passenger side wheel area of the SUV, causing the plaintiff to fly over the hood of the vehicle and land some distance away.
Both Liability (fault) and quantum (value of loss) were at issue in this ICBC claim that proceeded to trial.
The court held that the driver of the SUV was 100% responsible for this BC motor vehicle accident.
The court found that “the plaintiff was an experienced trained cyclist, very much familiar with the challenges of urban vehicular travel.” The court summarized the findings of fault at paragraph 35 of the judgement where it was held that :
[35] Thus, in all of the circumstances, I find that the plaintiff was travelling lawfully along 140th Street at Laurel Drive when the defendant turned into his path. The defendant negligently failed to ensure he could complete his left hand turn without first ensuring before doing so that there was no traffic approaching so closely as to constitute an immediate hazard, thus breaching s. 174 of the Act. By the same token I find the plaintiff had no opportunity to avoid the collision and that accordingly he was not contributorily negligent.
The Plaintiff’s injuries were quite significant but he fortunately went on to make a ‘remarkable’ recovery. The most serious injury was to the Plaintiff’s right shoulder. The court held that
Relying on Dr. Boyle’s report, I am satisfied that the plaintiff’s shoulder injury has not resolved entirely and that he faces the likelihood of chronic recurring discomfort. Further, there is a risk of his symptoms progressing, perhaps some day necessitating arthroscopic surgery. Based on the last paragraph above, I conclude that while the progression of the symptoms is not likely to occur within the next 2-3 years, there is indeed a possibility this progression of symptoms may occur during the plaintiff’s retirement years, exposing him to a period of reduced capacity and perhaps ultimately to surgery. “
The court awarded damages as follows:
1. Non-pecuniary damages: $35,000
2. Loss of income: $8,750.36
3. Special damages: $809.33
Do you have questions about an ICBC injury claim involving injuries to a cyclist or questions about the icbc settlement process? If so click here to arrange a free consultation with icbc claims lawyer Erik Magraken.

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ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

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