Where Justice is needed in life
- A Different Perspective
- Two recent decisions from the Supreme Court of British Columbia
illustrate the different approaches the court will take in passing on
the right cases, depending on who passed whom first, the cyclist or
- Cover Me
- It is frightening enough to be in a collision in an automobile owned
and operated by a B.C. resident; what happens when you are riding your
bike out of the Province or even out of the Country and you are
injured, or your bike is destroyed, or both, by someone with no assets
and who lives outside our jurisdiction? Let's assume you are run over
by a drunk and ...
- Crossing the Lines
- Considerable confusion continues to surround the law relating to
cyclists who ride on sidewalks and across crosswalks. It is clear one
is not supposed to do that, but what happens when one does, and is
involved in a motor vehicle accident?
- David Hay's Top Ten List Of Do's And Don'ts Following A Traffic Accident
- The things people do and say following a traffic accident are often
given significant weight by a judge or jury during the trial process.
Underlying the theory of evidence is the notion that the further one
is from the event in issue, the more inherently unreliable is the
recollection of that event, given the impact of anger and denial
around the trauma itself, the tendency to reconstruct, and factors
related to litigation around the event. However...
- For Your Benefit
- Cyclists often wonder whether or not they have any rights if they are
injured in an accident with a motor vehicle and at fault for the
accident. My answer is always the same. Of course they do.
- How About That Right Of Way?
- There can be no doubt that cyclists have made progress over the course
of the last ten years in British Columbia. Cyclists have seen and
have been part of a growing and changing environment. Certainly, the
concept of alternative transportation has flourished in many forms and
- It's Not All Good
- If issues in cycling litigation were colours in the rainbow, speed
would most certainly be a primary colour. A search of the Judgments
Database demonstrates just how important a factor speed is in personal
injury litigation. Even with the search limited to the year 2005, the
word 'speed' produces 125 cases matching the query.
- Legislative Slumber
- The introduction of Bill 50 (the Motor-Vehicle Amendment Act #2) in
1995 was at the time a great coup for the cycling community. The
Bill's primary design was to save lives and make roads safer for the
rapidly growing bicycling community. It contained legislation
intended to modernize our bicycle laws, most of which dated back to
1957. Clearly the legislation was laudable and ...
- Occupiers, Cyclists, And One-Eyed Jacks: The Wild Game Of Occupiers Liability
- The Vancouver North Shore Mountains have become a virtual
international Mecca for mountain bikers. The magic of the North Shore
trails is that they are free - unencumbered by rigid rules,
regulations, contracts or commerce. After all, the last thing any
cyclist wants to do at the start of a ride...
- On Your Way
- For one reason or another, cyclists tend to attract the attention of
the police. I am hard pressed to think of a more benign activity than
riding a bike, and yet I am often asked by cyclists to comment the
issue of police detention. Specifically, cyclists want to know the
extent of their rights when confronted by inquisitive police officers.
- Responsibility for Vulnerability
- According to the Canadian Institute for health information, motor
vehicle collisions are the leading cause of death in children under 5.
A small but unacceptable portion of those fatalities involve young
cyclists. Is there a legal way to increase driver vigilance, in light
of these alarming statistics? The Motor Vehicle Act provides that the
rights and obligations of cyclists are ...
- There To Be Seen
- I recently fell to wondering what would I say as a bike injury lawyer
to the cycling community if I could only give one more piece of advice
before being taken away to a desert island with no means of further
communication. I realized that the advice could not be too general.
'Rid the world of all risk of traumatic injury' would be about as
useful as 'be careful.' Any piece of advice, to qualify ...
- What is an "Accident"?
- A surprisingly common traffic phenomenon involving cyclists is the so called 'Hit and Run'. Cyclists involved in contact with automobiles are seldom in a position to chase the car after the contact. In my experience, drivers often conduct ...