March 8, 2022 - 

John McMullin, Associate Lawyer, LETOURNEAU LLP

When a cyclist is in an accident with a car, whose fault is it?

The answer depends: who was breaking the law? Who was being unsafe?

Case Law: A Heightened Duty

In the case of Hadden v Lynch, Paul Hadden was a bike courier trying to beat a light while riding on a sidewalk. He was moving at over 32 kilometres an hour and shot out into an intersection.

Unfortunately that was at that same time Juston Lynch was making a right turn after having been stopped at a red light. Hadden decided to test the age-old question of “Who would win, bicycle or garbage truck?” by driving his bicycle straight into Lynch’s vehicle.

As Hadden was riding on the sidewalk, entering a crosswalk on a bicycle, the judge found he had a heightened duty to take care.  Lynch had done enough to make sure the intersection was safe, Hadden didn’t, and Hadden lost in this court case.

Conversely, in the case called Dobre v Langley, Tedor Dobre biked up to a crosswalk, hit the pedestrian crossing button, went out into the intersection, and saw Leanne Langley bearing down on him in a Toyota Matrix. He tried to bike out of the way but Langley clipped his back wheel and sent him flying.

The Court in that case found that the driver Langley was not paying attention to the road at all. Dobre had taken steps to ensure he was safe, like checking both ways and activating the lights. The judge reduced Dobre’s damages by 15% and hit Langley with 85% of Dobre's damages.

The bottom line is, be safe and follow your legal responsibilities.

Cyclist Legal Responsibilities

Let’s talk about those responsibilities. In Alberta, the Use of Highway and Rules of the Road Regulation, states the legal requirements for riding a bicycle, including:

1.      Having lights on the bicycle at night, as well as reflectors at all times;

2.      Keeping hands on handlebars except when signalling;

3.      Keeping feet on the pedals unless stopped;

4.      Keeping as close to the right edge of the road or curb as possible, including going on the shoulder of the road when able; and

5.      Travelling single file.

Riders under 18 need to wear a safety helmet that complies with Alberta’s Vehicle Equipment Regulation. To be clear, everyone riding a bicycle should wear a helmet for safety issues, but there’s no legal requirements for adults to do so.

Bicycles are not to be ridden on sidewalks. They are required to follow traffic signals, such as stop signs and traffic lights, just like any other vehicle. Bicycles do not have a right of way on crosswalks unless the bicyclist dismounts.

Cyclist Safety

Unfortunately, not all drivers watch for cyclists. That’s why it’s important to make sure you’re visible when you’re riding your bike. Wear bright clothing, put lights on your bike and operate them even in the daytime, and make eye contact with drivers if possible. These small steps can make a big difference in keeping you safe.

By following the law, making yourself visible, and being prepared, you can stay safe on the road. And remember, if you do get hit by a vehicle, don’t hesitate to seek legal help. An experienced personal injury lawyer can help you get the compensation you deserve for your injuries and losses.

If you have been in a bicycle or car accident, it's a great idea to speak to a personal injury lawyer about your rights and responsibilities. Contact LETOURNEAU LLP to set up a free consultation for any accident-related injury.

Learn more about John McMullin, our Personal Injury Lawyer.

Learn more about Personal Injury Law from our website.

This article is for information purposes only and does not constitute legal advice.