case studies

1200 West 73rd Avenue, Vancouver, BC, Canada

Derek is a true cycling phenom. At 45 years of age, he has competed in numerous cycling events and stage races around the globe. He is one of the strongest riders we know and has an incredibly positive attitude. His passion for riding is contagious.


Derek was cycling with his club travelling northeast along SW Marine Drive approaching Angus. While occupying the bike lane, an oncoming motorist made a left-hand turn. The motorist had been waived through by a driver who was at a standstill in traffic backed up along SW Marine Drive. The left turning vehicle proceeded directly into Derek’s lane of travel resulting in a collision. Derek was fortunate. Although his $15,000 racing bike was destroyed and he suffered a shoulder dislocation, he was otherwise okay.


When Derek contacted us for legal advice, we assured him that his bicycle would be paid for by the offending motorist and furthermore, he would be entitled to compensation for his injured shoulder. In the process of representing Derek, we scheduled him for a consultation with the Alan McGavin Joint Preservation Clinic at UBC.

In defending the claim, ICBC alleged Derek was partly to blame for the accident. Since southbound traffic was backed up along SW Marine Drive, they argued that Derek – as a southbound cyclist – had a responsibility to watch for left turning vehicles. Given Derek was occupying the bike lane along Marine Drive we successfully argued that ICBC’s defence was completely without merit, unwilling to accept even a minor reduction in Derek’s claim entitlement.


Within a short time after the accident, Derek returned to training. We were extremely pleased that after his accident we could help him get full compensation for his bike and for injuries. We took great pride in playing a role in Derek’s rehabilitation and return to the roads.

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