Transportation - Cycling

A Court Case - Introduction

June 2004

NOTE: Although the following incident involved two cars and not a collision between a car and a cyclist, what transpired affect both drivers and cyclists with regard to laws and by-laws.

This incident that occurred in Toronto, is a reflection of our car-culture mentality and the Municipal government's long standing priorities to facilitate and expedite car and truck transport at the expense of cycling and pedestrian traffic. The eagerness to ensure fast flow of traffic as in right turn on red, green- arrows priorities, prohibited turns and prohibited hours for stopping/parking, one-way streets, etc. has been misinterpreted by both drivers and city officials to conjecture that liberal or opportunistic driving is within acceptable norms. This has created distressful consequences of collisions and fatalities.

My recent experience in Court following a two car collision, next to and on a bike lane, made me aware of the fact that police officers, paralegals, lawyers and the car insurance company gave me the wrong interpretation and total disregard of the Municipal By-Laws in their response to my inquiry regarding the incident. I did that survey prior to initiating legal action against my car insurance company on fault determination applying 50% liability which I disputed entirely.

Being a commuter cyclist in the city, and a long distance driver, my knowledge of the HTA, the Municipal By-Laws, and the Insurance Traffic Act (668) served me well to be self represented and win my case opposing the delinquent and unsafe driving of the other driver that has been considered acceptable by so many.

Your Honour:
Driving into Toronto on a single lane road with a designated bicycle lane next to it, I stopped at the red traffic light waiting for the green light to make a right turn as the rush hour traffic on the road intersecting the car lane, was too heavy to proceed. Right signals on. The bicycle lane was not obstructed, allowing unimpeded cycling traffic. When the traffic light changed to green, I proceeded to make the intended right turn and immediately was bumped by a driver travelling on the bike lane to make also a right turn. The Insurance agent, in applying 50% fault on me, failed to consider:

1. I was signalling to the right, therefore on a single lane road the car following has to wait for the first car to proceed first as passing on the right on a single lane road is illegal, and HTA # 147.2 Re: Slow vehicles to travel on right side: (a) a vehicle overtaking and passing another vehicle proceeding in the same direction, is not applicable in this case.
2. The bicycle lane is for the use of cyclists, Municipal By-Laws (Chapter) #194-6, and # 194-9, and it is not an "adjacent lane" as the agent claimed. Although drivers are allowed to make a right turn on "dashed" portion, drivers have to comply by ordinary rules of the road under the HTA: #150. (1) (a) Furthermore, HTA Rule #148. (8) No person shall pass or attempt to pass another vehicle going the same direction on a highway.
3. Passing meeting vehicles: HTA # 148. (4) Vehicles meeting bicycles shall allow the cyclist sufficient room on the roadway to pass through. And (6) Bicycles overtaken : ... the vehicle overtaking shall turn out to the left so far to avoid a collision.
4. Regarding position of (my) car: Stop at intersection, HTA # 144. (5) (a) at the sign or roadway marking where the stop is to be made, and (8) the driver shall yield the right of way to traffic lawfully using an intersection. Additionally, # 170. (12) ... no person shall park or stand a vehicle in such a manner as to interfere with the movement of traffic, and (13) it is accordance with Municipal By-Law in association with By-Law # 62-91 (2) where a lane of a highway was designated for the use of bicycles only, b. no person shall stop a vehicle other than a bicycle in such a lane. (Not to block cycling traffic as in waiting for green traffic light during heavy traffic in this case).

Correct Right-Turning Car After Red Light Stop	Correct Right Turn Driver Without Impeding Bike- Traffic
Copyright© 2004 L.Gary-Ecopolitics	Copyright© 2004 L.Gary-Ecopolitics
Right Lane Next to Bike Lane	Bike Lane is NOT an "Adjacent" Traffic Lane
Copyright© 2004 L.Gary-Ecopolitics	Copyright© 2004 L.Gary-Ecopolitics

Your Honour,
Having followed the rules of the road under the HTA, Municipal By-Laws with respect to bicycle lanes, and the Insurance Traffic Act, I was not at fault and the other driver was at 100% fault, and this case is simply the Insurance company's "trumped-up" argument in an attempt to impose a premium "surcharge".

Judgement: The plaintiff's claim is therefore allowed!