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Kelowna Cyclist Accident Injury Lawyers

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Kelowna Cyclist Accident Injury Lawyers know the Okanagan is a cyclist’s dream for biking through rolling hills, along the lake waterfront and in Kelowna and Penticton riding to and from work. Kelowna Cyclist Accident Injury Lawyers also know a rider has to be alert at all times and respect the rules of the road to stay safe and avoid Kelowna cyclist accident injuries.

When a pleasant ride becomes a painful cyclist accident injury you need prompt medical attention then top legal advice. Our Kelowna Cyclist Accident Injury Lawyers will meet with you for free and we only get paid when you do. Don’t follow an accident with a mistake meet with us across BC now.

Kelowna Cyclist Accident injury Lawyers

Kelowna Cyclist Accident injury Lawyers

Kelowna Cyclist Accident Injury Lawyers Meet With You For Free just call 1-877-602-9900

Cycling in Kelowna has become a popular mode of transportation for everyday life as it can be a quick and healthy alternative to driving and being stuck in motor vehicle traffic. Unlike driving a vehicle, where you need a registration, license plate, vehicle insurance, and a drivers license, cyclists can simply buy a bike strap on a helmet and go. Cyclists are allowed on roads and highways except designated freeways. There is no age requirement to ride a bike. However, just like motor vehicle drivers, there are rules of the road that cyclists must follow which help avoid Kelowna motor vehicle cyclist accidents.

Regulations Explained By Kelowna Cyclist Accident Injury Lawyers

The cycling regulations, restrictions & rules of the road are set out here by Government Canada.

There are many benefits of cycling. Commuting by bicycle in major urban cities will get you to your destination faster, cycling can improve sleep, help you look younger, helps the environment, improves your health and your physique.

Professor Arthur Kramer states “It boosts blood flow and oxygen to the brain, which fires and regenerates receptors, explaining how exercise helps ward off Alzheimer’s,”.

 

The bikeradar.com lists 30 great reasons to take up cycling here in Kelowna, Penticton and the rest of the Okanagan.

Kelowna Cyclist Accident injury Lawyers

Spencer MacLean Kelowna Personal Injury Lawyers 1-877-602-9900

Dangers To Cyclists Warn Kelowna Cyclist Accident Injury Lawyers

Kelowna Cyclist Accident Injury Lawyers know that as great as all the benefits cycling brings, cyclists also face many dangers on the road. Kelowna cyclists are exposed to accidents with Kelowna motor vehicle drivers as well as hazards such as potholes on roads, which lead to a Kelowna cyclist accident.

Bike Safety Canada  reports approximately 7,500 thousand cyclists are injured every year, with most accidents coming in the afternoon and rush hour. In dim and dark lighting when it is hard to be seen by vehicles is where many serious injuries and deaths happened involving motor vehicle drivers and cyclists in Canada. 34% of cyclists who were killed were struck by a vehicle in the dark.

There are a few frequent types of motor vehicle cyclist collisions. The open door collision occurs when a driver is parked and opens his door without looking, directly in front of an oncoming cyclist. Many cyclist don’t have the time in this situation to swerve out of the way, and even if they do they can swerve into traffic leading to a serious injury.

Cyclists are often commonly hit on the road with vehicles turning right, forgetting to shoulder check and see if a bicyclist beside them or close behind, leading to the cyclist slamming into the car. Cyclists can also be rear ended by vehicles accidently or as they attempt to pass.

In April 2016, CBC reported a collision involving a commercial truck and a cyclist resulted in a tragic death.

“The commercial vehicle was making a turn from Baron Road right onto Banks Road at the time. Unfortunately the commercial vehicle collided with the cyclist and tragically had driven over top of the cyclist causing very serious fatal injuries at the scene.”

Sobering Court Decision Involving Cyclist Injury Points Out Duties of Drivers and Cyclists

In the case Nelson v. Lafarge Canada Inc.,  a large truck was travelling along Hastings and Nanaimo street in Vancouver when the truck driver turned right without noticing a cyclist nearby. The cyclist slammed into the side of the truck, causing serious injuries to the plaintiff cyclist. The court reviewed the facts and applied the law:

[2]             Mr. Nelson was seriously injured as a result of the Accident.  He claims damages for those injuries, which he says were caused by Mr. Conarroe’s negligence in failing to observe him and turning right as he was cycling through the intersection.  The defendants respond that Mr. Nelson is the negligent party and solely responsible for the Accident because he overtook the truck on the right when it was unsafe to do so.  By agreement, the parties seek a determination as to liability on a summary trial.

The court ruled that liability should be shared between the two parties, with the cyclist being 65% at fault and the defendant being 35% at fault.

[77]         I agree with counsel for the defendants that Mr. Conarroe was the dominant driver in the circumstances of this Accident.  He was proceeding on a green light in the appropriate lane and had signaled his right turn well in advance.  He had also looked around as he turned onto Nanaimo and, generally speaking, was entitled to assume that others would obey the rules of the road.  Nevertheless, the presence of cyclists in the adjacent curb lane was both proper and predictable.  In addition, I have found Mr. Conarroe could and should have kept a more vigilant look-out in the period leading up to the right turn to ensure that it could be safely made.

[78]         Had Mr. Conarroe kept a more vigilant look-out after he stopped for the red light on Hastings and before he started his right turn he would have observed Mr. Nelson cycling hard and fast in the curb lane behind or beside him.  It would have been apparent that Mr. Nelson was focusing straight ahead and might attempt to overtake on the right as the two approached the green light, despite the riskiness of such conduct.  Armed with this knowledge, Mr. Conarroe could have avoided the Accident by waiting to commence his turn in the Intersection until it was clear either that Mr. Nelson had abandoned the unfolding attempt to pass on the right or completed it successfully.  His failure to do so was a failure to take reasonable care and a contributing cause of the Accident.

[79]         Mr. Nelson also failed to take reasonable care for his own safety, which failure was a contributing cause of the Accident.  Although, based on Jang, I find that the curb lane was a through lane for cyclists I also find it was unsafe for him to attempt to pass the right-turning Truck when there was little, if any, margin for error associated with such an attempt.  As noted, this was a breach of s. 158(2)(a) of the Act.  It also fell well below the standard of care to be expected of a reasonably competent cyclist in all of the circumstances.

[80]         Mr. Nelson suffered serious harm and damage as a result of the Accident.  The damage has two proximate causes:  the negligence of both parties.  In these circumstances, liability must be apportioned between the two.

[84]         In all of the circumstances, I conclude that 65% of the fault for the Accident should be borne by Mr. Nelson and 35% should be borne by Mr. Conarroe.

Kelowna Cyclist Accident injury Lawyers can help you when your riding outing ends badly. We help you get the highest possible fair damage and settlement award. Don’t follow an accident with a mistake call us now at 1-877-602-9900.

 

 

 



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