Commuting by bicycle is on the rise. We’ve all seen the dedicated green bike lanes emerge throughout Kelowna. Motorists need to be aware of bike riders and understand their right of way.
The City has recently installed its very first bike intersection at Ethel and Sutherland, and it’s a doozy. In addition to the green bike lanes, there is now a protected “boxed-left turn” area, which puts bicyclists ahead of vehicles in the left-turning lane. Bicycles have been given priority over motorists to move into the intersection.
Check out this article: Kelowna’s Bike Intersection Looks Confusing.
So why should motorists care? Well, the Judge in a Kelowna Court case recently decided that drivers are expected to know and abide by all safety rules for cyclists, including this new one.
In the case of Valerie Charlton-Miner v Reginald Hedgecock, 2020 BCSC 86, a cyclist riding in a protected bicycle lane was hit by a motorist while both were proceeding through the intersection.
The Defendant (motorist) claimed that the accident was not his fault since he did not see and did not expect a cyclist in the intersection. The Court disagreed and found that this was not a suitable defence.
[47] However, it does not matter whether he actually saw her at the time he was commencing his turn. Rather, she was riding her bicycle in the dedicated bicycle lane in accordance with the bylaw and she was there to be seen.
Had the Defendant motorist taken the time to familiarize himself with the rules of bike lanes at intersections, he would have anticipated where to expect a cyclist and thus have been more prepared to avoid an accident.
Bottom line, know the rules of the road, stay alert and proceed with caution. Bicycle lanes, and these new bicycle intersections, are quickly becoming the norm.
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