Pedestrians and cyclists are especially vulnerable in an accident—both because of their exposure on the road, but also because the laws protecting you may not be as apparent. Accidents involving pedestrians and cyclists are almost always an ICBC concern.
If you’re a pedestrian or cyclist who was hit by an at-fault motorist, you can file a personal injury claim with ICBC and also access Part VII benefits, provided you obey all the traffic laws and you are not responsible for the accident. It is a straightforward claim, and the compensation usually covers all medication and rehabilitation costs.
If you are partially at fault because you weren’t correctly obeying the traffic rules, the case becomes a little more complicated. Sections 179 and 180 of the Motor Vehicle Act provides more information regarding the right of way between a pedestrian and a motor vehicle. However, as a pedestrian, even if you have partial blame, you may still have access to Part VII benefits.
Cyclists have the same rights and duties as the driver of a motor vehicle, with some additional stipulations a specified in Section 183 of the Motor Vehicle Act. If, as a cyclist, you are injured by a motor vehicle, directly or by an evasive action, you may be eligible for a compensation claim, even if there was no contact between you and the vehicle.
If, as a cyclist, you are not following the regulations, for example, proper lamps or reflectors in place, the driver of the motor vehicle may file an allegation of contributory negligence against you. ICBC may examine your bike for signs of defect, and this will affect your claim.
Consult with a lawyer as soon as possible to get a better understanding of your claim eligibility.