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Author: Tim Louis

Social Media and Your ICBC Claim

social media

Social Media and Your ICBC Claim

These days, who doesn’t have a social media account? While social media was once a place where college students kept each other updated on their day-to-day lives, now even grandparents are on Facebook. Many have become addicted to posting every aspect of their lives without thinking about who might view their social media activity.

Potential Damage to Your Personal Injury ICBC Claim

investigatingAs of 2010, ICBC set up their Special Investigations and Cyber Unit to help reduce potentially exaggerated or fraudulent claims.

If you have been injured in a vehicle accident, it’s safe to say that ICBC’s adjusters and investigators will be digging deeper into your background and accessing your Facebook, Twitter, Instagram and/or YouTube accounts. Any inconsistencies can hurt your credibility and claim. For instance, ICBC adjusters and investigators will examine what you are saying on social media to people treating you versus what you are saying to ICBC adjusters on record. Any inconsistencies between what you are saying to family and friends on social media versus what you are telling on ICBC will be examined.

This skilled team conducts deep searches on social media sites seeking photos and updates on individuals who claim that they have been unable to work due to their injuries, and then contradict their claim by posting photos or updates of themselves being physically active.

Best Ways to Protect Your Claim Via Social Media

The first step is to be aware – the next step is to take the provisions necessary to ensure you don’t damage your ICBC claim. We have compiled a list of tips to help ensure that you don’t potentially damage your ICBC claim. It’s always a good idea to contact your personal injury lawyer who will provide you with tips:

  • googleSearch your name in Google for anything you feel ICBC may use against your claim.
  • Applying strict privacy settings to your social media account will not necessarily keep your account private and inaccessible to outsiders. It is a fact that ICBC can gain access to private social media accounts by court order.
  • Be aware when posting on any social media platform. Understandably, you want to share positive moments in your daily life with family and friends – however take great care in realizing that once ICBC has gained access to your private accounts, anything they deem to be inconsistent with your claim may be used against you in court.
  • Some people do not realize that Facebook owns Instagram. Ensure that you go through both accounts and delete any content that may be deemed harmful to your ICBC case (contact your lawyer before deleting photos or content).
  • Do not accept friend requests from people you do not know.
  • Do not post any personal thoughts, conversations, information or any photos in relation to your case.
  • Keep your family and friends in the loop and ask them not to post or tag you in any photos.
  • You should obtain legal advice before deactivating or deleting your Facebook account as ICBC may accuse you of destroying relevant evidence.

Let An Experienced Personal Injury Lawyer Handle your ICBC Claim

If you have any questions or concerns about the use of social media in a personal injury claim, we have the expertise and knowledge necessary so you don’t have to worry about saying or doing anything that may jeopardize your claim. Contact our compassionate and experienced legal team at Tim Louis Law & Associates.

To book your free consultation, call 604-732-7678 or email timlouis@timlouislaw.com. We’re here to help.

Sources:
https://www.icbc.com/about-icbc/Pages/fraud.aspx
https://www.straight.com/article-256851/tim-louis-beware-icbc-trolling-through-yourfacebook-photos

Most Common Airbag Injuries

airbag injuries

Airbag Injuries

Airbags have been designed to quickly deploy in a vehicle collision to protect your upper body and head from hitting the steering wheel or dashboard. Airbags can prevent injury and saves lives. However, injuries can happen – whether it is from airbag malfunction or improper positioning in a vehicle, it’s essential to recognize that personal injuries may still occur.

Where are Vehicle Airbags Located?

Front airbags are situated in the steering wheel hub of the vehicle and the passenger-side dashboard. In newer cars, airbags are located in the front and on the sides. Side airbags have been designed to protect occupants from side impact during rollover accidents. If you have airbags in your vehicle, ensure that you are familiar with airbag
locations and safety requirements by reading your vehicle owner’s manual before installing child restraint car seats.

How Do Airbags Work?

air bag warning stickerA vehicle collision results in rapid deceleration, which triggers the front airbags. Nitrogen gas is produced, resulting in inflation at speeds of roughly 300Km/hour in order to protect your head and chest in a high-speed collision. Seatbelts are usually enough to protect the driver and front passenger in a low-speed collision – protecting the occupant’s chest and head. However, it is important to note that it is uncommon for front airbags to deploy in rear-end collisions, rollovers, or side-impact accidents. During these types of crashes, the side airbags deploy, providing protection between vehicle occupants and the doors.

What Causes Airbag Injuries?

A number of injuries have resulted from faulty airbag deployment or during regular operation of the front and side airbags. There have been cases of airbag deployment without the vehicle being turned on or running at all. The intensity of airbag inflation is another cause of personal injury resulting from airbag deployment. In fact, airbags are inflated with such force that the metal casing surrounding it may produce shrapnel, causing injury.

  • Airbags may deploy at the wrong time
  • Airbag deployment in a low-impact collision
  • The crash sensor may fail to deploy the airbag when needed
  • Only one airbag deploys
  • The airbag may deploy too late (timing of airbag deployment is important. Even if the airbag deploys a fraction of a second too late, it could cause serious personal injury to the driver and occupant).

What Injuries Can Airbags Cause?

Airbag deployment may lead to a range of injuries. The chemicals used within the device, the rate of the airbag deployment, airbag design, and lack of seatbelt use all play a role in airbag-related injuries. While rare, airbag injuries have the potential to cause significant trauma:

  • Facial Injuries
  • Chest Injuries
  • Neck & Back Injuries
  • Burns to the chest, arms, and hands
  • Skull, rib cage, face, arm, and wrist fractures
  • Concussions, brain swelling and bruising as well as loss of consciousness
  • Asthma attacks and other throat irritations
  • Eye injuries
  • Trauma to the ear that may lead to hearing loss
  • Internal bleeding
  • Fetal injury in pregnant women

How to Minimize Airbag Injuries

seat beltYou can reduce the risk of an airbag injury in an accident by taking these precautions when you drive your vehicle:

  • Always wear a seatbelt
  • Children under 12 should always ride in the back seat
  • Ensure that seats are at least 10” back from the front dash of your vehicle (airbag deployment area)
  • Check your vehicle’s model and year for any airbag-related recalls
  • Ensure you are using the correct car seat for your child’s height and weight.
  • Children should be properly secured and in the proper-seated position at all times.
  • If possible, avoid driving if you are pregnant
  • Do not place your arms across the steering wheel
  • Tilt the steering wheel downward, toward your chest – not your neck or head
  • Place both front seats as far as possible and as comfortable for safe driving
  • Do not install rear-facing infant restraints in the passenger seat.

What Steps Should I Take if An Airbag Malfunctions?

  • Preserve the evidence related to the airbag (parts)
  • Ensure the vehicle’s computer doesn’t get wiped
  • Do not transfer the vehicle over to ICBC, mechanic or junkyard

Contact A Trusted, Experienced Personal Injury Lawyer

If you are suffering injuries sustained in a vehicle accident from an airbag malfunction or deployment, contact our compassionate and experienced legal team at Tim Louis Law and Associates to book your free consultation today by calling 604-732-7678 or email Timlouis@timlouislaw.com

source:
https://www.icbc.com/about-icbc/newsroom/Documents/airbags.pdf

Top 5 Mechanical Failures that Cause Car Accidents

car accidents

Mechanical Failures that Cause Car Accidents

With car accidents a regular daily occurrence, it is not always clear what the underlying cause is until a thorough investigation has been concluded. With a number of accidents attributed to excessive speed, driving under the influence, driver error or weather conditions – it can be easy to forget that some accidents are caused simply due to the neglect of routine maintenance — leading to vehicle complications or even mechanical failure if left unchecked.

Keeping your vehicle maintained can go a long way in avoiding accidents caused by mechanical failures. Here are a few of the most common mechanical failures and what to look out for to ensure your vehicle is in tip-top shape:

Prevent Car Accidents – Check Your Brakes

brake padsBrakes are an essential safety feature we use as drivers on the road. However, brakes can also be one of the most ignored when it comes to routine checks – often being left completely worn before a proper inspection or needed replacement. If your brakes are not properly maintained, you could find yourself braking harder on the road,
throwing off drivers behind you, or prevent you from stopping – injuring other drivers, pedestrians or yourself and your passengers.

Here are some early signs of brake wear to look out for:

  • Excessive vibration when applying pressure to your brakes
  • Reduced responsiveness while braking (spongy or soft brake pedal)
  • Noticeable pulling when applying pressure to your brakes
  • Frequent or infrequent squealing or screeching noises while braking
  • Loud metallic grinding noises coming from your brakes

Tires – maintain them to prevent car accidents

Your vehicle’s tires keep you moving – gripping the road through poor road conditions, ensuring that you arrive at your destination safe and sound. This is why it is crucial to conduct routine checks on your tires daily and before taking any extended trips – ensuring your tires are in the best shape possible.

Early signs that you may need to have your tires rotated or replaced can include:

  • Bulges, gouges, or cracks in the tire or tire sidewall
  • Significant and/or uneven tread wear
  • Tires losing pressure or deflating faster than normal
  • Excessive vibration while driving

brake light

Headlights/Taillights/Brake Lights

The lights on your vehicle allow you to see – and be seen. This makes them one of the most important safety features for your vehicle in terms of accident prevention while driving. However, lights do fail — which is why you should be conducting a routine inspection of all lighting systems on your vehicle before driving.

Signs that you may need to have your headlights or taillights inspected or replaced can include:

  • Significant dimming over time
  • Flickering or random fading
  • One or multiple bulbs going dark
  • Significant time passing (better safe than sorry)

Malfunctioning Windshield Wipers can Cause Car Accidents

windshield wipersWindshield wipers can make a big difference in overall driver safety and visibility — removing dirt, rain, and snow – while running for hours at a time to keep your view of the road clear at all times.

Unfortunately, windshield wipers do wear over time – often warping, cracking or even tearing from long-term use in heavy weather — this can cause them to lose their flexibility and even fail altogether. You should always keep an eye on your wipers and check them daily to ensure they are functioning properly.

Signs that you may need to have your windshield wipers replaced can include:

  • Streaking
  • Unusual noise or squealing
  • Skidding or Irregular movement
  • Ragged or distorted blades

Contact A Personal Injury Lawyer

Drivers and passengers who are injured in accidents that are the result of mechanical failure may wish to contact a personal injury lawyer. Contact our compassionate and experienced legal team at Tim Louis Law & Associates. We will help build your claim for the compensation you deserve.
To book your free consultation, call 604-732-7678, or email timlouis@timlouislaw.com. We’re here to help.

Preventing Child Injury in an Auto Accident

Auto Accidents – Preventing Child Injury

With the start of summer less than a month away and many of you planning some long awaited warm weather fun on the road, we want to remind everyone to think ahead on one of the most important, but often overlooked safety preparations – ensuring that child safety seating in your vehicle is up to standard and ready for use.

preventing child injuryAn unfortunate fact in British Columbia is that many children are injured in motor vehicle accidents every year simply due to lack of effective seating, or because sub-par equipment has been kept long past its usefulness.

Preventing Child Injury

With ICBC reporting as many as 1,300 injuries or fatalities annually in children aged 9 years or younger related to child car seats or booster seats, further research suggests that these numbers can be reduced significantly with the risk of fatality being reduced by 71% and the risk of serious injury by 67%.

The numbers are clear, so how can you ensure your children are protected this summer? Here are some helpful tips to consider:

The Four Stages of Child Seating and Restraint Systems in British Columbia

Children will outgrow everything! This includes car seats and booster seats; which is why you must ensure you are using the correct type and size of seat – not only to avoid injury, but also to ensure you are following the law of the road in British Columbia.

The four stages of seating that you need to be aware of are:

1. Infants:

Infants are required to sit in rear-facing car seats until they are at least 12 months old and over 9kg (20 lbs.)

section stage carseat

2. Toddlers:

Toddlers are required to sit in forward-facing car seats from at least one year old and over 9 kg (20 lbs.) and should continue to be buckled into this type of seating until they are 18 kg (40 lbs.)

3. Children under 9 years old:

Children under 9 years old are required to be in booster seats with seat belts or until they have reached a height of 145 cm (4’9”) tall

4. Youth:

A properly adjusted seat belt is the last stage for anyone over 9 years of age

Is your Child’s car seat installed correctly?

One of the most common problems leading to serious injuries or fatalities of children when riding in a motor vehicle is an incorrectly installed car seat or booster seat. Prior to driving with a child for ANY period of time, you should always check:

  • Your vehicle owner’s manual for any information on installing child car seats
  • Transport Canada’s Motor Vehicle Safety Standards website (http://www.tc.gc.ca)
  • The manufacturer’s manual that came with your car seat
  • The Provincial rules or regulations regarding car seat, booster seat or seat belt use in your vehicle

Always do your research! If you are still not sure whether you have installed your child car seat correctly, there may be other resources offered online or in your community that can help you.

Prevent Child Injury

Be Aware of Safety Recalls – How to Prevent Child Injury in an Auto Accident

We all want to make sure that we buy the best equipment, especially when it comes to the safety of our children and our vehicle passengers – unfortunately, in an age of fast production and mass production, sometimes flawed equipment can make it to consumers unnoticed. This is why you should always try to be aware of any potential safety recalls and recall lists for car seats or booster seats that you own or use in your vehicle. Some sources to keep in mind and up to date on for safety recall information include:

  • Transport Canada
  • The Child Passenger Safety Association of Canada
  • The Manufacturer Website for your specific car seat or booster seat
  • Local Media Announcements
  • Social Media Groups

If you or a loved one has been injured as a result of a traffic accident, contact our compassionate and experienced legal team at Tim Louis Law & Associates. We will help build your claim for the compensation you deserve. To book your free consultation, call 604-732-7678 or email timlouis@timlouislaw.com We’re here to help.

Sources:
https://www.icbc.com/road-safety/safer-drivers/Documents/Seatbelt-fact-sheet.pdf
https://www.icbc.com/brochures/Pages/child-car-seats.aspx
https://www.bcaa.com/community/child-car-seat-safety
https://www.tc.gc.ca/en/services/road/child-car-seat-safety/installing-child-car-seatbooster-seat.html
https://www.cpsac.org/recall-list/

Motorcycle Safety Tips in Metro Vancouver

Motorcycle Safety Tips

Motorcycle Safety Tips

Motorcycle enthusiasts are looking forward to the freedom that comes with riding on the open road and beginners may be shopping around for their dream bike to take on the road this spring and summer. However, the facts cannot be ignored: according to ICBC, in 2016, 940 motorcyclists were injured in 1500 crashes. On average, 12 motorcyclists are killed each year in the lower mainland.

We’ve gathered some safety tips to ensure motorcyclists are as safe as possible while riding.

Prepare Your Motorcycle for Safety

You can have years of motorcycle riding experience, but if your bike has mechanical issues, nothing will prevent you from getting into an accident resulting in a severe injury.

  • Always inspect your bike before every ride
  • Ensure tires don’t have bulges or cracks
  • Tire pressure should be at the proper level
  • Check to make sure your horn and turn signals are working
  • Ensure mirrors are in the appropriate position for blind spots
  • Check fluid levels weekly
  • Make sure your brakes, throttle, and clutch are working properly
  • Check for leaks

Always Wear Proper Riding Gear

motorcycle safetyYou may be tempted to wear your casual wear before jumping on your motorcycle, but think about the injuries you could prevent by wearing adequate riding gear that was designed for sudden impact. If you are in an accident, the friction from your body against the pavement alone can cause serious damage if you don’t take the necessary precautions.

Even if you are driving a short distance it’s integral that you wear the proper riding gear to protect your entire body in the event of an accident:

  • Wear adequate riding gloves, not standard work gloves. Riding gloves are made to protect your hands from trauma; while work gloves are made from thinner, weaker materials and will not protect you.
  • Always protect your head! Wear a full-face helmet to cover your face and head from possible injury.
  • Wear proper riding pants designed for motorcycle riding – you may see a lot of riders out there wearing regular jeans, but if you are in a motorcycle accident, regular pants will not protect your legs from injury.
  • Wear riding boots designed for motorcycle riding, not regular boots or shoes

Follow Traffic Rules & Ride Defensively

Of course, years of riding experience and motorcycle training can make all the difference in road safety, but be sure always to follow these driving tips whether you are a beginner or experienced motorcycle rider:

  • Always let drivers know your intentions by using your turn signals
  • Do your best to stay out of driver’s blind spots
  • Ride at a safe speed at all times
  • Never assume a driver has seen you or will give you the right-of-way

Don’t Ride When Impaired or Sleepy

Driving requires an alert mind, and a steady hand, which is why driving impaired is known to be one of the most dangerous decisions you can make as a driver – but what many people, especially new drivers may not realize, is that driving while tired can be just as dangerous, even fatal in some circumstances.

Know the Common Signs of Drowsiness:

  • Frequent yawning
  • Inability to keep your eyes open
  • Trouble holding your head up
  • Wandering thoughts
  • Drifting into another lane
  • Missing road signs or driving past turns

Motorcycle Safety: Follow these steps to prevent driver’s fatigue from setting in:

  • Get a full night’s sleep before a planned trip
  • Take short naps throughout the day whenever possible if you need them, especially on long trips
  • Avoid consuming caffeine or other stimulants before bed
  • Call for a ride or take a taxi if you’re too tired to drive

In addition, do your best to avoid these common driver’s mistakes:

  • Driving when on medication that causes drowsiness
  • Driving late at night, at times when you are usually sleeping
  • Driving alone if you are going a longer than usual distance

Tim Louis and his compassionate and talented legal team can give you the reliable, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motorcycle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678.

source:
https://www.icbc.com/about-icbc/newsroom/Pages/2017-May1.aspx
https://www.icbc.com/road-safety/sharing/motorcycle-safety/Pages/Default.aspx

Spring Road Safety in Metro Vancouver

Spring has officially arrived and it’s time to consider road safety. With longer days ahead, it’s time to give that car a wash, remove your vehicle’s winter tires and enjoy the milder spring weather.

We’re not entirely out of the woods quite yet though – considering British Columbia’s temperate rainforest climate, heavy rain can always creep up on us in the spring. Keeping your vehicle in tip-top shape for unforeseen weather is essential along with practicing safe driving habits.

Road Safety: Prepare Your Vehicle

With snow, ice and slush on the roads this past winter, you may have put extensive wear on your brake pads, wheels and or clutch. Take your vehicle in to your local trusted mechanic for a spring tune-up, where your vehicle’s essential fluids will be topped up, wheels changed/rotated, and any other replacements you may need for safe driving:

  • Brake pads, fluids topped up and/or rotors replaced
  • Tire rotation, change and or inflation
  • Anti-freeze fluid replaced with coolant
  • Battery check
  • Oil filter change
  • Clean windows and replace wiper blades
  • Check all lights including headlights, taillights and brake lights, turn signal blinkers and parking lights.

Be Patient While Driving

road safetyDrivers must follow the posted speed limits on BC roads. However, with the warmer weather, drivers may become less cautious. Remember, just because the roads are clear of rain and ice does not mean roads are without potential hazards. Plan your route to prevent speeding, drop your speed when necessary and be aware of other drivers around you. Leaving a safe distance around your vehicle is the best way to keep safe while driving and ensure you plan your route ahead of time to prevent the urge to speed to your destination.

Watch Out for Pedestrians

With warmer weather, come more pedestrians, cyclists, and animals on the road. Remember what you learned in driving school: follow posted speed limits on highways, residential streets and in school zones. Always scan the intersection before passing through and stop at crosswalks — giving pedestrians the right of way. Blind spots are a significant hazard – cyclists and pedestrians may be out of view through your mirrors, so always make sure you shoulder check.

Road Safety and Cyclists

Share the Road – Road Safety Tips

As BC weather continues to improve, more cyclists will be commuting to work or for recreation. Keep in mind that cyclists in BC share the same rights and responsibilities as motorized vehicles.

  • Keep a safe distance. Stay at least 1 meter away from a cyclist when passing and maintain at least 3 seconds behind a cyclist on the road.
  • Don’t get distracted. Make eye contact with cyclists if you can and always keep a lookout – especially in densely populated areas
  • Dooring can be deadly. According to ICBC, 1 in 14 vehicle collisions involving cyclists are the result of dooring. Always shoulder check — keeping an eye out for oncoming cyclists before opening vehicle doors.
  • Yield to Cyclists Always signal in advance if you need to pull over or cross a bike lane, and of course, always yield to cyclists.
  • Look Ahead You should always make a habit of shoulder checking for cyclists before turning right and keep an eye out for oncoming cyclists when turning left. Scan for cyclists before you enter a street from an alley or out of a spot where it’s difficult to see clearly. Stay cautious.

Watch Out for Wild Life – Road Safety

road safety and wildlifeSpring is the time of year when wild animals begin foraging for food and may need to cross a busy roadway. Keep an eye out for any animal crossing signs, scan highways and roads for wildlife and reduce your speed if necessary. It’s important to note that animals are active all day and if you are about to hit an animal while behind the wheel, try to strike wildlife on an angle to prevent the animal from passing through your windshield.

Hurt In An Accident? Tim Louis Law Can Help

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motor vehicle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com

source:
https://www.icbc.com/about-icbc/newsroom/Pages/2016May25.aspx

What Does Cannabis Legalization Mean for Drivers?

Cannabis Legalization

Now that recreational cannabis has been legalized federally, there are new laws under the Criminal Code in place related to drug-impaired driving. It’s important to note that the BC government has put strict provincial sanctions in place to address drug-impaired driving to keep these drivers off the road.

Cannabis Legalization

Cannabis Legalization – New Laws & Legal Limits

There are now three new Criminal Code offences that establish the legal blood drug concentration limits (BDC) for THC. This means if you have two (2) nanograms or more of THC in your system while operating a motor vehicle, you are committing an offence.

Additionally, the more THC you have in your system, and the more times you are caught breaking the law, the punishment escalates (especially if mixed with alcohol).

Cannabis Legalization - Cannabis and Motor VehiclesCannabis and Motor Vehicles

  • Cannabis being transported in a vehicle must be kept in a sealed package or in a location inaccessible to motor vehicle occupants
  • No cannabis use in any form is allowed while occupying a vehicle
  • For those drivers in a graduated licensing program, (L or N) there is a zero tolerance restriction for the presence of cannabis while operating a motor vehicle. Violating this restriction will result in a suspension of driving privileges.
  • Social hosts may be legally liable for guests who use cannabis in their home and subsequently injure others or themselves (such as a motor vehicle accident.)
  • If an officer suspects drug impairment, the driver may be subject to a drug recognition evaluation by a specialized Drug Recognition Expert (DRE).

The dangers of driving impaired do not change because “it’s just cannabis.” Driving and Cannabis Legalization

The possibility of serious personal injury or even fatalities caused by driving impaired are well documented in British Columbia – and despite the believed “lesser” impairment from cannabis use, the potential dangers are the same.

According to Stats Canada:

  • 1.4 million of Canadians reported having been a passenger in a motor vehicle driven by someone who consumed cannabis within the previous two hours.
  • 1-in-7 cannabis users reported having driven within 2 hours of using cannabis

If you plan to consume cannabis, be sure that you have taken responsible steps to prevent possible accidents or injury:

  • taxiKnow how cannabis affects you and know your limits
  • If consuming cannabis makes you too tired or distracted, don’t use it.
  • Don’t drive or operate a vehicle when impaired.
  • Plan ahead and ask a friend to be your designated driver if you need it.
  • Always have a local taxi number logged in your phone.
  • Familiarize yourself with public transit routes and schedule times.

Let Our Experience Work for You

If you have found yourself the victim of an impaired driving accident, whether you or a family member has been seriously injured or suffered a tragic death, you have the right to pursue legal action against the responsible party and receive monetary compensation. Contact our trusted team at Tim Louis & Company Law today to learn more about the options available to you at 604-732-7678 or email timlouis@timlouislaw.com.

source:
https://www.icbc.com/driver-licensing/tickets/Pages/drug-impaired-driving-new-laws.aspx
https://laws-lois.justice.gc.ca/eng/acts/C-24.5/
https://www150.statcan.gc.ca/n1/daily-quotidien/180809/dq180809a-eng.htm

Common Workplace Injuries

Prevent Workplace Injuries

When we think about workplace injuries, what often comes to mind are high-risk occupations in construction, manufacturing, or those dealing with hazardous materials – but the fact is, workplace injuries happen across all industries, in all occupations – and most of them are entirely preventable with proper care and preparation.

workplace injuries

Workplace Injuries

Although the types of injury commonly sustained at work are as numerous as the number of jobs that can be listed – some of the more common and preventable injuries are:

Strains/Sprains

These types of injuries also referred to as “repetitive strain injuries (RSI)” or “musculoskeletal disorders” are very common workplace injuries due to the number of occupations dealing with repetitive tasks throughout the day.

Some of the more frequent causes of these injuries can include:

  • Repetitive or vigorous movement over long periods of time
  • Lack of movement/holding your posture or limbs in an unnatural position for long periods
  • Overusing a particular group of muscles
  • Poor posture or a non-ergonomically designed workspace

Back Injuries

back pain

Injuries related to the back are common among numerous occupations and can have an affect — both personally and professionally, long after the initial injury itself. Some of the more common factors resulting in back-related injury can include:

  • Repetitive lifting or moving of heavy objects, reaching or bending
  • Sustained whole-body vibration or jarring from the use of machinery
  • Poor posture, improper or inadequate back support seating in the workplace
  • Prolonged periods of inactivity

Head Injuries

A head injury can be serious and can lead to contusions, hematomas (bleeding in the brain), and concussions. Unfortunately, it’s not uncommon in the workplace –, especially in manufacturing and construction industries. ‘Closed’ head injuries do not pierce the skull and “open” head injuries happen when an object has pierced through the skull, causing possible brain injury. Generally, recovery time may be longer than other common workplace injuries, although most people fully recover from minor to moderate head injuries.

Some of the more frequent causes:

  • Being hit by falling or flying objects
  • Slipping or tripping and falling
  • Falling from above such as tumbling down stairs or falling off a ladder
  • Walking into objects such as a wall, cabinet or glass window

Herniated/Bulging Discs

Both herniated and bulging discs can affect a person’s nerves, tendons, muscles, and joints. These are common injuries and can result from repetitive motion trauma and or soft tissue disorders resulting from a workplace injury. If you injure your back or neck, a spinal disc can move out of place and can bulge outward from between the vertebrae — putting pressure on spinal nerves. Sciatica (nerve pain radiating down one leg) is a
common symptom of a herniating disc injury, as well as numbing, tingling pain in the legs and weakness in the back and legs.

Some of the more frequent causes of these injuries can include:

  • Heavy lifting and overexertion
  • Hard blows to the lower back
  • Ongoing, repetitive motion
  • Sitting for extended periods of time in an awkward position
  • Slip, trip or fall

PREVENTION:

workplace safety

With a little care and consideration, most of the workplace injuries we’ve listed can be prevented with proper understanding and preparation. Some of the methods for preventing these common injuries are:

  • Proper lifting techniques
  • Make exercise a part of your daily routine
  • Listen to your body
  • Pay attention to posture and form
  • Proper protective gear such as helmets to protect the head from injury
  • Safety training, preparation, and education on behalf of the employer

These common workplace injuries can have a lasting impact on one’s health and quality of life. If you or a loved one has experienced a serious injury while on the job, contact Tim Louis and his compassionate and experienced legal team today: 604-732-7678

Injury Claims When the Other Driver Does Not Have Insurance

ICBC Injury Claims

Injury Claims

ICBC’s Basic Autoplan – Injury Claims

In the Province of British Columbia, law requires that all drivers maintain valid automobile insurance. This mandatory insurance provided by ICBC, also known as Basic Autoplan, is the bare minimum required – though drivers may wish to purchase additional coverage to supplement this basic plan.

There are two broad categories of coverage provided by ICBC. These are known as No-fault benefits and third-party liability coverage:

No-Fault Benefits

insurance signature paperworkUnder the basic Autoplan insurance coverage provided by ICBC, drivers in British Columbia are entitled to no-fault benefits. This falls under Part 7 of the insurance (vehicle) act and applicable regulations — meaning that no-fault benefits are available to those insured drivers regardless of who was at fault during the accident.

These benefits include:

It is important to note that you are entitled to no-fault benefits even if the motor vehicle accident you are involved in is your fault, regardless if the other driver is insured or not. If the other driver is underinsured or unidentified, you are also entitled to no-fault benefits. It is important to seek advice from your lawyer to ensure that you comply with reporting and notice requirements.

Third Party Liability Coverage

BC drivers are entitled to a minimum of $200,000 in third party liability coverage under basic Autoplan insurance. Third party liability covers a person’s injuries and any property damage if the other driver was at fault in a motor vehicle accident. Third party liability coverage also applies to vehicle accidents where the other driver is either uninsured or underinsured.

Hit-and-Run Accidents – Injury Claims

classifiedsThere are several important steps to be taken under the insurance (vehicle) act in order to prove that the accident happened. ICBC requires proof that you have attempted all possible measures in identifying a hit-and-run driver – such as posting flyers near the accident scene, have published notices in local newspapers or classified sites seeking witnesses and reported the accident to the police — complying with any on-going investigations.

ICBC requires that you provide them with written notice about the motor vehicle accident no more than 6 months after the hit-and-run accident happened.

The Other Driver is Uninsured, Underinsured or Unknown

It is advised that you provide ICBC with written notice as soon as possible if you can identify the driver that caused your accident – ICBC may negotiate with you to settle the claim, or proceed to trial in lieu of the underinsured or uninsured driver. Compensation may include:

  • Pain and suffering
  • Past and future medical expenses
  • Wage loss
  • Loss in ability to earn future income
  • Loss of housekeeping ability damages

Any claim over $200,000 is complex and requires that the injured party prove that they made attempts to collect compensation from the at-fault driver. You can proceed in arbitration for payment from ICBC under underinsured motorist protection (UMP) if you can prove that the at-fault driver is unable to pay the amount even after going to trial.

Hurt In An Accident? Tim Louis Law Can Help

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motor vehicle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com.

sources:

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/447_83_07#part7

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96231_01#section20

https://www.icbc.com/autoplan/basic/Pages/default.aspx

Winter Safety Tips to Prevent Personal Injury

winter driving conditions

We can all agree – winter in British Columbia can be hard to forecast, difficult to prepare for and sometimes seemingly impossible to navigate when it finally hits.

Icy driving conditions, poor visibility and erratic driving on the road are a dangerous mix that can result in personal injury. However, there are steps you can take to mitigate these risks. We’ve taken some time to provide you with a list of best practices to keep yourself and your family as safe as possible on the road this winter.

Prepare Your Vehicle

Making sure your time on the road is as safe as possible requires not only a safe vehicle, but also safe driving practices and the right mindset in order to prepare you for any possible eventuality. Prior to starting your trip, you should always ensure that:

  • You are well rested and have a clear head
  • There are no unnecessary distractions either inside, or outside of your vehicle
  • Your vehicle is up to date with any necessary regular maintenance, including tire rotations, brake checks and fluid checks
  • There are both proper winter tires installed and proper windshield wipers installed for the expected weather
  • You have a fully stocked roadside emergency kit, including a portable charger that can be used to power your mobile phone, a first aid kit, jumper cables, roadside flares, window scraper, flashlight, spare oil & coolant, sand and a tire change kit

Put Your Cellphone Down

navigation car drive roadWe all know the dangers of distracted driving. Did you know that every year, on average, 26 people are killed in distracted driving-related crashes in the Lower Mainland? This is a concerning number. The danger a distracted driver can put on themselves, their passenger and/or pedestrians is never worth responding to that text message or phone call.

Distracted driving results in more fatalities than impaired driving, and is also one of the leading contributors of crashes with pedestrians, cyclists and motorcyclists,

– Lindsay Matthews, ICBC’s director responsible for road safety

Pre-plan before your drive. Ensure that your Bluetooth is enabled on your phone and your hands-free setting is in working order. These steps alone can lower your risk of distracted driving accidents — your focus should always be on the road.

Proper Car Insurance

Of course law requires car insurance in BC – however, rates and their benefits are continuously changing and so educating yourself on your options and insurance add-ons that will benefit you and your family is always a good idea. Talk to your insurance agent before the winter season to ensure you are signed up for the plan you need to keep you covered.

Map Out Your Driving Route (In Advance!)

With winter weather conditions come unexpected snowfalls, slippery streets, black ice and traffic congestion. Pre-plan your trip to prevent anxiety and frustration behind the wheel and to ensure that you arrive at your destination on time even though you’re driving slower due to winter conditions.

Update your GPS map and test it to ensure it’s in working order to assist you during your travels. A backup map is always a good idea for remote areas where GPS may not pick up an accurate reading.

Avoid Alcohol

It goes without saying, getting into your vehicle after drinking alcohol or taking narcotics is not only dangerous, but also irresponsible. With numerous holiday and work gatherings during the winter season, it’s important to take responsibility and plan ahead to prevent posing a danger to yourself and/or others.

taxi driver

Pre-plan your evening out and ask a friend or attendee to be a designated driver or ask a trusted family member to pick you up. Another option is to call a taxi – ensure you have easy access to a few local taxi numbers logged in your phone for easy and quick access.

Get the Solid, Trusted, Advice You Need

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motor vehicle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com.

Source: https://www.icbc.com/about-icbc/newsroom/Pages/2017-Sept6.aspx

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