Marked Bike Lanes are Requiring Drivers to Exercise More Care

Cyclists are turning to bike accident lawyers as some drivers demonstrate a lack of attention in bike lanes. This highlights a growing concern for cyclist safety.

Ironically, five years ago, an international survey ranked Calgary as the world’s best city for driving. Despite being a positive achievement, City Hall appears indifferent to it.

This unexpected response might stem from the city’s desire to promote more sustainable transportation, such as cycling. The ongoing conflict between drivers and cyclists within the city’s infrastructure hinders the full realization of these efforts.

Key Takeaways:

• Rush hour is the most dangerous time for cyclists, with 51% of fatalities occurring between 4:01 PM and 8:00 PM.
• If you’ve suffered moderate to serious injuries, seek legal counsel.
• Helmet use is mandatory for all pedal bicycle riders and passengers under 18 and all riders and passengers of electric or power-assist bicycles, regardless of age.

Biking Lanes in Calgary

Under the Alberta Traffic Safety Act, bicycles are legally considered vehicles. Bicyclists have similar rights and responsibilities as drivers of cars and trucks. In addition to provincial laws, bicyclists must adhere to local bylaws established by the City of Calgary.

Cycle Track

A cycle track is a lane physically separated from moving vehicles, parked cars, and sidewalks by a barrier. This dedicated space creates a predictable and safer environment for bicyclists. It minimizes conflicts with pedestrians, motorists, and parked vehicles.

Cycle tracks provide safety for all road users and a more predictable and comfortable environment for everyone.

The introduction of new lanes has encouraged a shift in commuting habits. With over 17,100 daily bicycle trips into and out of the downtown core, Calgary has witnessed a remarkable 40% increase in bicyclists since installing these dedicated pathways.

Rising Issues— Bike Accident Vs. Car Drivers

Tragically, an average of 74 Canadians lose their lives in cycling collisions annually. Of these fatalities, a concerning 73% involve motor vehicles.

Statistics Canada data reveals a disparity between male and female cyclist fatalities, with nearly six times as many males losing their lives. This trend is common among males aged 50-64, who account for a substantial portion of cyclist deaths in Canada, representing 27% of the total.

Fatalities are most frequent during rush hour, with 51% occurring between 4:01 PM and 8:00 PM. This risk is due to the higher volume of traffic and commuter activity.

A Bicycle Mishap Case

On Mother’s Day, May 11, 2014, Dr. Mark Steinebach, the Plaintiff, was enjoying a pre-celebratory ride in anticipation of a family gathering. Simultaneously, Ms. Katherine Skittrell, the Defendant, was driving her friend, Mr. Stevens, home after a theatre practice.

The mishap happens between 4:30 and 5:00 PM on a sunny day with dry road conditions. While turning right into a driveway, Ms. Skittrell’s 1993 Toyota Tercel collided with Dr. Steinebach, who was cycling in a designated lane.

This case centers on several key disputes: liability for the mishap, causation, and the extent of Steinebach’s damages (physical injuries and internal injuries). A primary point of contention lies in the appropriate assessment of damages, particularly concerning past and future loss of earning capacity.

Case Hearing

Skittrell admitted that she only checked her rear-view mirror before turning and failed to check her blind spot. She contended that Dr. Steinebach was cycling at an excessive speed, having overtaken several vehicles unsafely prior to the collision. She argued that the casualty occurred as she was properly executing her turn.

In this decision, Justice Ardith Walkem emphasized the shared responsibility of bicyclists and drivers to exercise reasonable care and attention on the road. She highlighted that a marked lane creates a strong presumption that a cyclist may be using it. Therefore, drivers must actively confirm that the lane is clear before turning across it.

Outcome

The trial judge determined that Skittrell’s primary responsibility for the casualty was failing to check for cyclists in the dedicated lane.

The court also found Dr. Steinebach partially at fault. Recognizing the unusually high traffic volume that day, the court reasoned that a prudent and attentive cyclist would have exercised greater caution and slowed down. The court apportioned 15% of the liability to Dr. Steinebach and 85% to Ms. Skittrell.

Skittrell argued that Dr. Steinebach’s pre-existing conditions and a subsequent cycling mishap in 2015 contributed to his injuries. The court acknowledged that while pre-existing conditions are inherent, Skittrell is not liable for any disabilities Dr. Steinebach would have experienced regardless of the incident.

The trial judge reduced non-pecuniary damages and future income loss by 20%. The court also recognized a causal link between the 2014 and 2015 accidents, finding that the 2014 injuries left Dr. Steinebach more vulnerable to the subsequent accident.

What Does Dr. Steinebach’s Case and Bike Accident Lawyers Mean for Cyclist Safety?

Justice Walkem said, “My own experience of being struck in a bike lane mirrors the circumstances of Dr. Steinebach’s case. It’s encouraging to see Canadian courts emphasize the importance of motorists actively checking for cyclists before crossing bike lanes.”

Alongside stricter laws and penalties, Justice Walkem said, “We need to invest in continuous and comprehensive driver education programs that prioritize the safety of vulnerable road users, such as cyclists and pedestrians. It’s important to emphasize that driving is a privilege, not a right, for motorists.”

Cases like this underscore the need for heightened caution and care among drivers.

Laws for Cyclists and Motorists

All motorists must be aware of laws that apply to any form of transportation.

Cyclists

• Pedal Bicycles: Helmet use for all riders and passengers under 18 years of age.
• Electric or Power-Assist Bicycles: All riders and passengers, regardless of age, need to wear a helmet.
• Must have a bell or a horn.
• When riding at dawn, dusk, or in the dark, all must have a white-light headlight (no more than two), a red-light tail light, and a red rear reflector.
• Have at least one working brake.
• Maximum speed of 20km/hr (unless otherwise posted).

Motorists

• Refrain from sounding your horn near cyclists; the sudden noise can startle them and cause unpredictable reactions.
• Always shoulder-check your side-view mirror and blind spot before opening your car door or pulling away from the curb.
• When making right turns, carefully check your blind spot and yield to cyclists as you would to another vehicle.
• Be cautious during sunrise and sunset, as reduced visibility can make it challenging to see other road users.

When to Call Calgary Personal Injury Lawyers

If you’ve sustained moderate to serious injuries in a bicycle mishap, consult with a lawyer. A qualified attorney can explain your legal options and advise you on deadlines. For instance, you can submit a written report to the municipality if the casualty occurred on public property.

Severe injuries that can lead to seeking professional legal representation:

• Traumatic brain injuries
• Spinal cord injuries
• Soft tissue injuries
• Head injuries
• Broken bones
• Neck injuries
• Facial injuries
• Post-traumatic stress disorder

Personal injury lawyers mostly handle cases on a contingency fee basis. This arrangement means you won’t incur any legal fees during the case. Your lawyer’s fees are a percentage of the compensation they successfully recover for you.

How Experienced Personal Injury Lawyer Can Help

A legal advocate is important if you’ve been in a bicycle mishap. Bicycle accident lawyers specialize in these cases. They can help you through the complex legal system and protect your rights.

• Legal Expertise: Possess in-depth knowledge of the laws and regulations surrounding bicycle accidents. They can build a compelling case like a motor vehicle accident lawyer.
• Maximizing Compensation: Secure the maximum compensation you deserve.
• Protecting Your Rights: Advocate for your rights throughout the legal process.
• Navigating Insurance or Personal Injury Claims: Dealing with insurance companies can be daunting. Your lawyer handles all communication.
• Proving Negligence: Gather evidence, interview witnesses, and work with experts to prove the other party’s responsibility.

Conclusion

Cyclists are more vulnerable than motorists in collisions. While a vehicle might sustain minor damage, cyclistst can suffer severe injuries.

It’s encouraging to see Canadian courts recognizing motorists’ heightened responsibility to cyclists on and off designated lanes.

If you’ve been in a cycling casualty, remember that you’re not alone. Legal teams like Sidhu Personal Injury Lawyers Calgary offer free consultations and can provide the support you need to protect your rights.

Frequently Asked Questions