Cyclist 100% At Fault for Collision with Concrete Mixer Truck

Reasons for judgment were released today finding a Plaintiff cyclist 100% at fault for a 2004 collision between his bicycle and a concrete mixer truck.
The collision was significant and resulted in severe injuries. In order for these to be compensable someone needs to be at fault for them. That’s what this trial focused on.
Here the Plaintiff was driving on the shoulder of the roadway approaching an intersection. The concrete mixer truck was attempting a right hand turn and the Plaintiff collided with the truck.
The court made some useful comments about the duties of cyclists who choose to drive on the shoulder of the road rather than on the roadway itself, namely that:

[55] The evidence clearly establishes that Mr. Sivasubramaniam failed to meet the standard of care required of a driver in the circumstances, and that he was negligent. He was driving on the shoulder of the roadway, rather than in the lane marked for vehicle travel. I accept that it would also have been hazardous for Mr. Sivasubramaniam to ride in a driving lane on such a busy street, but having chosen to ride in an area that is not designated for vehicles; and to pass vehicles on the right hand side while travelling in that area, Mr. Sivasubramaniam had a duty to take extra care to ensure that he was visible to drivers, and that he took precautions. This was particularly so as he approached a busy intersection. Options available to him included signalling and moving into the driving lane to his left when it was safe to do so, and proceeding through the intersection in that driving lane; or stopping and dismounting from his bicycle and crossing the intersection in the pedestrian crosswalk and then remounting his vehicle on the other side of Blue Mountain Street.

[56] At the very least, he ought to have slowed his bicycle and to have checked carefully for indications that vehicles were intending to turn right from Lougheed Highway onto Blue Mountain Street, before proceeding across the intersection to the right of traffic in the driving lanes.

[57] Instead of driving in a cautious fashion, I conclude that Mr. Sivasubramaniam was accelerating as he approached the intersection, and, as I have said earlier, steered to the right with the intention of either riding in the cross walk – a prohibited act – or riding near it.

The court summarized its findings at pargaraph 67 of the judgement concluding that the cyclist was 100% at fault stating that:
The evidence compels me to conclude that for some unknown reason, Mr. Sivasubramaniam simply failed to note the fact that Mr. Franz’s vehicle not only was intending to turn right, but had commenced that turn, and he failed to slow or stop his bicycle until it was too late to do so. Mr. Sivasubramaniam assumed, incorrectly, that the concrete mixer truck would proceed straight through the intersection. He made this assumption despite his knowledge that vehicles frequently do turn right at this intersection, and despite the signal flashing in several locations on the concrete mixer truck. Rather than slowing or stopping his bicycle as he approached the intersection, he was, I conclude, accelerating by continuing to pedal on the downward slope.

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ERIK
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When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

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