Navigation
Follow us to discover the latest in the legal world.

Another case of car versus cyclist highlights the need for drivers to pay better attention to dedicated bike lanes.

In Kelowna, a driver has been found 100 percent at fault for hitting a cyclist at an intersection while trying to make a right turn.

The plaintiff cyclist was cycling northbound in a dedicated bike lane approaching an intersection on a green light.

At the intersection, the designated bike lane was to the right of a designated right-hand turn lane.

The cyclist entered the intersection, intending to travel straight through, when the defendant driver, travelling northbound in the designated right-hand turn lane, turned right at the intersection across the cyclist’s path. The motorist struck the cyclist’s left shoulder, causing her to fall.

Did you know? 7,500 cyclists are injured every year in Canada.

Judge clarifies right hand lane rules for drivers and cyclists

ICBC argued the driver should not be found at fault for various reasons, including that the cyclist should have left the designated bike lane and moved into the lane intended for vehicles travelling straight through the intersection. The court rejected this argument and found the motorist 100 percent at fault.

In making his decision, the judge examined the law and clarified the duties of cyclists and motorists with respect to the use of designated bike lanes. In the absence of signs indicating that cyclists should do otherwise, cyclists are intended to remain within the designated bike lane, regardless of whether they intend to turn right or continue through an intersection.

Cyclists can expect that vehicles will not drive in the dedicated bike lanes and will yield to cyclists using those lanes, just as drivers can expect that cyclists will use dedicated bike lanes where available.

In this case, the motorist should have allowed the cyclist to cross the intersection before commencing the right turn.

More News & Resources

September 8, 2021

Recently, Hammerco Lawyers held the airline giant Cathay Pacific accountable in a class action win affecting over 9 million passengers.

July 9, 2021

Partner, Dale McGregor, helped our client previously for a tragic 2008 motorcycle collision that ended her working life. In 2015 and 2016 she was then involved in two further collisions that left her even more disabled.

April 29, 2021

On May 1,2021 ICBC is enacting a new no-fault insurance model. This model is referred as an “enhanced care”, individuals involved in car accidents in British Columbia will no longer be able to sue for injuries.

April 22, 2021

Insurance brokers have a duty to give sound insurance advice. In a commercial insurance context, brokers are required to know the in/out of a clients’ business in order to source and secure the proper insurance coverage.