Reasons for judgement were published today by the BC Supreme Court, Courtenay Registry, dismissing a cyclist’s negligence action against a bus operator.
In today’s case (Coles v. British Columbia Transit Corporation) the Defendant was operating a bus and pulled over to let passengers on or off. At the same time the Plaintiff was operating a bicycle in the Defendant’s lane of travel. The Defendant put on her left signal indicating she was going to emerge back into the flow of traffic. The Plaintiff mistakenly believed the signal indicated the bus operator was going to make a lane change and attempted to pass the bus on the right hand side. This attempt failed and “he collided with the rear of the bus, came off his bicycle, landed on the ground, and broke his elbow.“.
The Plaintiff’s lawsuit was dismissed with the Court finding the bus driver did nothing negligent and fault rested with the cyclist. In reaching this decision Mr. Justice Baird provided the following reasons: