A recent B.C. Supreme Court decision, Davies v. Elston, 2014 BCSC 2435, underscored the duty of care drivers owe to cyclists. The plaintiff and his son were in a bike lane and passed the defendant’s parked Ford F350, whose mirror extended into their lane.
The defendant overheard the plaintiff’s son comment about the mirror. He drove after the two cyclists then accosted them through his open passenger window. The plaintiff felt threatened and held onto the truck’s window frame for protection. As the defendant abruptly drove away, the plaintiff fell and fractured his right hip and pelvis.
The Court found the defendant negligent and liable for the plaintiff’s injuries, and added:
No matter how aggravating a cyclist’s behaviour might be … a driver of a motor vehicle can never be justified in deliberately using a motor vehicle to confront a cyclist who is riding a bike. Confrontation creates a serious risk of harm to the cyclist which is way out of proportion to anything the cyclist might have done. A driver of a motor vehicle is not entitled to impose a penalty of death or serious bodily harm on a cyclist just because the cyclist was rude or broke a traffic rule.
This should not be taken to mean cyclists have free reign to do as they like with the blessing of the Courts. Cyclists have the same rights as drivers, but they also have the same duties and obligations to follow the rules of the road.
Over the years I’ve witnessed cyclists aggressively confront drivers in traffic. The cyclists’ emotions somehow blind them to the danger of their actions, and the consequences of provoking the wrong driver at the wrong time.
As a motorcyclist, I appreciate first hand how the balance of safety is with the driver. In a clash with a car, the highly vulnerable cyclist can be seriously injured or even killed with the driver completely oblivious.
In an attempt to shift the balance somewhat, some cyclists aggressively assert their rights against vehicles in an attempt to “educate” certain drivers that they’re in the right and the driver is in the wrong.
Ultimately, “right” or “wrong” has little relevance if a driver is belligerent, distracted, or just plain didn’t see you. Being right bears little consolation against a wheelchair, a catastrophic brain injury, or a funeral. Remember, life can change in a heartbeat.
You need someone truly on your side. Why settle for less? Contact Einfeld Law for a free, initial consultation at (250) 712-0001, visit our website at www.einfeldlaw.com or find us on facebook.
Einfeld Law is a highly knowledgeable and experienced BC personal injury law firm specializing in motor vehicle accidents, motorcycle accidents, and other negligence claims involving bodily injury. We have successfully litigated many ICBC and other insurance claims, including out of province, wrongful death, brain injury, spinal cord injury, whiplash, soft tissue injury, and all other bodily injury claims. We have collected millions of dollars on behalf of our clients. We never act for ICBC or other insurance companies.
Comments are closed