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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 03-07-2013, 05:56 PM   #1
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Need advices on an intersection accident

Hi there,

I just got into a car accident 3 days ago and considering getting a lawyer. Pretty much I was on No 4 and Westminster Hwy doing a left turn and was waiting to turn. The light turned from amber to red and two upcoming cars slowed down. One of them sped up and hit me. My car got totalled and we're currently dealing with ICBC right now.

As far as I've been told, things aren't looking good right now for me. Even though the other car may have sped up or past the speed limit, I'm still at fault because I do not have the right of way. Thus, it's most likely 100% my fault and won't be a proportional percentage.

The case haven't ended yet but I do not agree with the answers that I'm getting. I am interested in looking for a lawyer but as this is my first major car accident, I'm not too sure what my options are.

I'm not looking for a lawyer that's too expensive. As the car that got totalled is only a Toyota. Any suggestions would be great! Thank you!
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Old 03-07-2013, 07:09 PM   #2
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If I've learned anything from the countless threads asking about the same thing you have, it's that the vehicle going straight always has the right of the way and that it is the responsibility of the driver making the turn to ensure that it is safe before proceeding. Unless you have a witness that can testify that the other vehicle purposely ran the red, you are essentially SOL.
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Old 03-07-2013, 08:21 PM   #3
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I hope you have a witness to back up what you say to icbc or it won't end well for you...
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Old 03-07-2013, 08:58 PM   #4
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Most ICBC lawyers will take a cut of whatever it is you make. If he was gunning it to make the yellow/red then he probably hit you pretty hard and you'll end up with medical bills and whatnot. You will, however, most likely be considered at fault unless there's someone there to say 'he was slowing down but then sped up again'. More proof that more people should be rockin' the dash cams.

If you're looking to minimize the amount the lawyer will cost you, I seem to remember someone on the forum saying that they got an offer from ICBC and rejected it, then consulted with a lawyer who said they would take x% from whatever more they would get from ICBC over that original offer. Now, it's possible that they were taking a larger chunk (let's say 30% vs 15% from initial impact), but the best thing to do is to call around and ask.

Oh, and one thing I've learned: always get a lawyer through personal referrals. Have a friend who's a lawyer or a family member, or a friend's family member or whatever...ask them. Because cold calling for a lawyer is like cold calling for a laser eye surgeon. Yeah, they're certified, but...
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Old 03-08-2013, 08:45 AM   #5
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Correct me if I'm wrong but that intersection does have red light cameras. So if the upcoming car did speed up while it was red, then the cameras would have flashed.

Sounds like what you said is, two upcoming cars, so one was in each lane and one of cars sped up. In this case, it does look like it's pointing to you because you failed make sure it was it is safe to make the left turn.

I've seen this several times where this is happened but if you wait patiently to make sure the traffic is absolutely clear, then you can proceed with the left turn. I personally had this similar situation a lot of times on Granville St and 70th. I once a while get car still going when the light turn red, and I am in the middle of intersection when it was my turn still waiting safety to make the left turn.

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Old 03-08-2013, 09:30 AM   #6
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I was in a similar situation but different intersection and all I can tell you is you need that witness in order to prove to ICBC that other vehicle ran a red. Alternatively, if you had a dash cam installed you should review that evidence.
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Old 03-13-2013, 07:47 PM   #7
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in this case, the BEST case scenario would be that ICBC deems you 50 percent responsible, but it is highly unlikely. By entering the intersection and proceeding with a left turn when the light was what you stated, you were also disobeying the light. The difference is, you were turning, in which case, should be yielding to any oncoming traffic.

Just out of curiosity, were you or the other driver issued a VT?
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