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McComb Witten Marcoux

Vancouver Bicycle Accidents - How Do You Prove Your Case ?

Jeffrey S. Witten, B.A., LL.B.
Personal Injury Lawyer at McComb Witten Marcoux

Blog Category:
2/14/2013
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                                                      PROVING YOUR VANCOUVER BIKE CASE

Bicycle cases are what you might call a "different breed of cat". So, the first thing you need to understand, if you were in an accident with a car ( while riding a bike), is that the factors you need to consider in order to prove your case are different from those involved in a case where you're driving a car.

Bicycle accidents are "a bird of a different feather".

What am I talking about ? Ok, I'll give you a taste.

The first thing you need to be aware of is that witnesses to a bike accident often overestimate the speed of the cyclist. And, as a result, statements taken from witnesses  to your accident may wrongfully lead to the conclusion that  your speed caused or contributed to your accident.

The story that often seems to come out is that the cyclist was going too fast  and that  the motorist had no opportunity to see them and avoid the crash.

Of course "this story" is based on an assessment of the cyclist's speed. And as I've already told you this is  often inaccurate.

What to do ?  How do you combat this problem ?

 Well, one thing you need to do is to PRESERVE THE EVIDENCE (just like on CSI).

Make sure that you keep the bike you were riding at the time your accident. Do throw it out !  And PLEASE, PLEASE, don't go out and get it fixed.

Here's the thing - the damage to your bike might  tell a detailed story about the speed you were  traveling at when your accident took place.

High quality photographs of your bike need to taken.

And in some cases, your bike might need to be examined by an engineer so that your speed can be determined based on the damage to your bike.

There you have it - a  couple of the many things you need to be aware of if you've been involved in a Vancouver bicycle accident case.

 

 

 

 



Category: Bicycle Accidents


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