Justice

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 the driver.

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 ...