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Bicycles vs. Motor Vehicles: Examining the Law and Liability in Personal Injury Matters
posted in: Personal Injury
Bicycling has grown in popularity over the years and is an activity many Albertans partake in year-round, whether it be for leisure or commuting to work. With such popularity comes the need for bicyclists to understand the unique challenges and risks they may face when sharing the road with motor vehicles, especially if an accident occurs between the two parties. As such, understanding the laws of the road and the required equipment for bicycling ensures safety for all.
The Definition of Bicycle
Per the Vehicle Equipment Regulation, Alta Reg 122/2009, authorized by the Traffic Safety Act, RSA 2000, c T-6, a bicycle is defined as “a cycle that is propelled solely by human power on which a person may ride that has two wheels.” For the purposes of this blog, the terms “bicycle” and “bicyclist” will be used throughout.
Assessing Liability in an Accident Between a Bicycle and a Motor Vehicle
In accidents between a bicycle and a motor vehicle, the driver of the motor vehicle is often presumed to be the negligent cause of the accident. The driver of the vehicle, however, may provide evidence to argue that the bicyclist was entirely or partially responsible for the accident in order to reduce the amount of damages owed to the bicyclist. The driver would then turn to the circumstances of the accident and look at whether the bicyclist was abiding by the law.
In a Statistics Canada publication titled “Circumstances surrounding cycling fatalities in Canada, 2006 to 2017,” it was reported that in approximately 1 in 3 cycling fatalities, road safety laws may have not been followed. The publication provided situations where there was a failure to obey road safety, such as “not stopping at a red light or obeying a stop sign, unsafe lane changes or change of direction—both by the cyclist and the other involved party.” While it is not entirely evident what the publication defines as “cycling”, road safety protocols for bicyclists can be found in legislation, making such protocols required law.
We highlight that regardless of whether a Court does find a bicyclist to be either entirely or at least partially liable for the accident, a bicyclist that is injured in an accident involving a vehicle is still entitled to the Section B benefits available to them under their own motor vehicle insurance policy, assuming the bicyclist owns a vehicle. These Section B benefits are also called “no-fault” benefits because they are available regardless of who is at fault for the accident.
Bicyclists and the Law
The Use of Highway and Rules of the Road Regulation, Alta Reg 304/2002, authorized by the Traffic Safety Act, RSA 2000, c T-6, sets out the following in Section 75 in regard to the duties of a person operating a bicycle on the highway:
“Unless the context otherwise requires, a person who is operating a cycle on a highway has all the rights and is subject to all the duties of a person driving a motor vehicle under Part 1 and this Part and Division 2 of Part 5 of the Act.”
This is just one example where the law sets out that users of a bicycle have the same obligations to follow as drivers of a motor vehicle. Furthermore, individuals must have certain equipment on their bicycles, as set out in the Vehicle Equipment Regulation, Alta Reg 122/2009.
Some bicycle equipment required by the Regulation is as follows:
Bicycle Safety Helmet
Section 111 (1): No person who is less than 18 years old shall operate or ride as a passenger on a bicycle unless that person is properly wearing a safety helmet.
Section 111(2): A parent or guardian of a person who is less than 18 years old shall not authorize or knowingly permit the person to operate or ride as a passenger on a bicycle unless that person is properly wearing a safety helmet.
Section 111(3): No person shall operate a bicycle on which a passenger who is less than 18 years old is riding unless the passenger is properly wearing a safety helmet.
Bicycle Equipment
Section 113(1): A person shall not ride a bicycle at nighttime unless the bicycle has the following:
- (a) at least one headlamp but not more than 2 headlamps;
- (b) at least one red tail lamp; and
- (c) at least one red reflector mounted on the rear.
Section 113(2): A person shall not ride a bicycle unless the bicycle has a brake.
In summary, compliance with these laws is essential in reducing accidents and ensuring safety for all users on shared roadways.
Contact KMSC Law’s Injury Law Team Today
Bicyclists who have been injured in accidents with motor vehicles face unique challenges when seeking compensation. At KMSC Law, we understand the complexities of these cases and are committed to advocating for your rights. Whether it’s navigating insurance benefits or holding at-fault parties accountable, our experienced Injury Law Team will guide you every step of the way. If you’ve been injured, you don’t have to face the road to recovery alone. Reach out to KMSC Law today to schedule a free consultation.
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