香蕉视频直播

Skip to content

Hergott: You take your victim as you find him

Lawyer Paul Hergott discusses victim blaming in his latest column.
web1_17-06-18-BPD-Hergott

I香蕉视频直播檓 not a 香蕉视频直播減erfect physical specimen.香蕉视频直播

If you know me, you are likely rolling your eyes and muttering: 香蕉视频直播淩eally? You don香蕉视频直播檛 say!香蕉视频直播

Not a perfect psychological specimen either.

香蕉视频直播淣o sh** Sherlock!香蕉视频直播

I香蕉视频直播檓 functioning really well, though.

After over 20 years in the legal profession I香蕉视频直播檓 trying to cut back on office hours, but can still put in a 14 hour day.

And over 30 years since learning to drink in the Canadian Military, I香蕉视频直播檓 trying to cut that back as well, but for the most part I live my life without hangovers.

If assessed by a medical specialist, her opinion would be along the lines of Newton香蕉视频直播檚 first law of motion, i.e. 香蕉视频直播溝憬妒悠抵辈ウAn object in motion stays in motion with the same speed and in the same direction unless acted upon by an unbalanced force.香蕉视频直播

In other words, I香蕉视频直播檓 likely to continue functioning well unless something significant occurs.

Tomorrow I am sitting at a complete stop at a red light. A driver is chatting away by cell phone, using perfectly legal (though perfectly dangerous) hands free technology. Distracted, he crashes into the back of my car.

I香蕉视频直播檓 fine, at the scene. No broken bones. It takes time for the sprained/strained tissues in my neck and back to become inflamed and painful.

The next morning I can hardly get out of bed.

I participate fully in whatever care is recommended, but never fully recover. I am left with chronic lower back and neck symptoms.

I 香蕉视频直播渟elf-medicate香蕉视频直播 with alcohol to the point that I香蕉视频直播檓 waking with a hangover more often than not. And I have become depressed.

An ICBC appointed medical specialist conducts an 香蕉视频直播渋ndependent香蕉视频直播 medical examination.

The specialist reports, accurately, that had I been in better physical shape it is unlikely that I would have developed chronic pain. If better psychological shape, I would not have become a dysfunctional user of alcohol, nor would I have become depressed.

Had I been a perfectly well adjusted 19-year-old gymnast who had never touched a drop of alcohol, I likely would have made a complete recovery.

ICBC blames my relatively deconditioned 47-year-old body and psychologically imperfections for the chronic pain and depression.

Because absent those attributes, I would have enjoyed a complete recovery.

Is that fair?

Absent the crash, I wouldn香蕉视频直播檛 have been injured in the first place!

Absent the crash, my 47-year-old, psychologically imperfect self would have 香蕉视频直播溝憬妒悠抵辈ウstayed in motion with the same speed and in the same direction香蕉视频直播ο憬妒悠抵辈

How does the law wrestle with this situation?

This is the simplest, but worst understood principle of personal injury law.

The legal principle is that 香蕉视频直播淵ou take your victim as you find him.香蕉视频直播

Crash into the back of a car occupied by a 19-year-old, psychologically perfect gymnast whose injuries 100 per cent completely resolve, then lucky you. Your liability insurance company, ICBC, will have to pay only a small amount of financial compensation on your behalf for the small amount of damage you caused.

Crash into the back of a 47-year-old, physically and psychologically imperfect lawyer who ends up developing chronic pain and depression, the law makes you 100 per cent responsible for all of those consequences.

While a common negotiating tactic, 香蕉视频直播渂laming the victim香蕉视频直播 doesn香蕉视频直播檛 hold water in our legal system, at least not on this point.

And please, please remember that very few road users are perfectly adjusted, 19-year-old gymnasts. Pay your full attention to the road ahead of you and stay off your damned phone.



Jen Zielinski

About the Author: Jen Zielinski

I am a broadcast journalism graduate from BCIT and hold a bachelor of arts degree in political science and sociology from Thompson Rivers University. I enjoy volunteering with local organizations, such as the Okanagan Humane Society.
Read more



(or

香蕉视频直播

) document.head.appendChild(flippScript); window.flippxp = window.flippxp || {run: []}; window.flippxp.run.push(function() { window.flippxp.registerSlot("#flipp-ux-slot-ssdaw212", "Black Press Media Standard", 1281409, [312035]); }); }