In 2020, Marsha Bishop was lead counsel in the case, Dostal v McLeod, 2020 BCSC 1145 (CanLII)
This personal injury case involved a passenger who was seriously injured in a high-impact car crash near Dawson Creek. The accident occurred when the driver of a pickup truck failed to stop at a stop sign and collided with a large semi truck. The crash was entirely the fault of the pickup driver.
The plaintiff, a passenger in the pickup, suffered several injuries, including a concussion, depression, and ongoing pain in his lower back and hip. These injuries had a lasting effect on his ability to work, especially in the physically demanding jobs he had previously done, like truck driving and roofing.
Before the collision, the plaintiff led an active and productive life. He worked steadily, supported his family, and enjoyed outdoor activities like hunting and camping. After the accident, he faced daily pain, challenges at work, and strain in his personal relationships. His injuries also took a toll on his mental health, causing anxiety, low moods, and trouble sleeping.
One of the key legal issues was whether the plaintiff was partly at fault for getting into the vehicle with a driver who had been drinking. The insurance company claimed he should have known the driver was impaired. However, after reviewing all the evidence — including testimony from witnesses and experts — the Court found that the insurance company did not prove this claim. The plaintiff was not found to be contributorily negligent.
The Court awarded over $268,000 in damages. This included compensation for pain and suffering, lost income, future loss of earning capacity, and the cost of ongoing care.
This case highlights the real and lasting impact serious injuries can have — not just physically, but emotionally, financially, and in day-to-day life. It also shows the importance of a thorough legal approach when holding negligent drivers accountable.
If you or someone you love has been injured in a motor vehicle accident, don’t face the insurance company alone. The team at Yukon Injury Lawyers has the experience and local knowledge to fight for the compensation you deserve. Contact us today for a free consultation — we’re here to help you move forward.