Cyclist with no memory of accident has claim dismissed – BC Court of Appeal Salo v. ICBC

August 25, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Cyclist with no memory of accident has claim dismissed – BC Court of Appeal Salo v. ICBC

The BC Court of Appeal released their reasons for the judgement against an unnamed motorist, ruling against a cyclist’s personal injury claim. Due to injuries sustained in the accident the cyclist had no recollection of the accident, and there was no evidence which established negligence on part of the car driver.

The cyclist suffered from a brain injury during the accident which involved an SUV. The only witness did not see the details of the accident which resulted in the cyclist being launched off his bike. The court ruled that without evidence of the driver’s negligence, the plaintiff had not proven his case and dismissed it.

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It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.