Michael Golden Law Corporation
All Weather and Traffic: British Columbia Cyclist Hit by A Driver
The classic British reply to the question, “how are you?” is “all weather and traffic,” usually delivered with a heavy sigh, whereby everyone gets the picture. That’s just what’s happening in British Columbia this winter, as motorists encounter hazardous road conditions. Still, these above-average snowfalls haven’t discouraged cyclists who persist — like the Pony Express — through wind, rain, sleet or snow to their destinations. Unfortunately, such a scenario may set the scene for a cyclist being hit by a driver.
In a recent report, the driver of a semi-tractor trailer collided with a 42-year-old cyclist. According to eyewitnesses, the semi driver appeared to be travelling eastbound when the cyclist crossed into the eastbound lane. Visibility may have been a factor, on either side, causing serious injuries to the cyclist. As with many bicycle accidents involving a big vehicle, it would be the precise facts of the event that would benefit from the resources and experience of a personal injury lawyer.
Whether the cyclist was wearing a helmet or not, for example, may or may not factor into the extent of the injuries he suffered after being hit by a driver. Exemptions exist in the province’s laws covering valid reasons a helmet need not be worn, such as for religious or health-related reasons. Questions about the semi driver’s attention, such as whether he was distracted or not, would also need to be asked and answered.
British Columbia is known for roadways sculpted out of mountainsides, presenting universal challenges to drivers of all experience levels. A heightened state of vigilance on the part of all users, particularly given the vulnerability of all-season cyclists, is annually recommended by the RCMP. An experienced personal injury lawyer could review the facts of this and similar cases where a cyclist is hit by a driver. He or she could determine legal fault, if fault there was, and if appropriate, assist in quantifying any legal damages for which a claim for recovery may be made.
Source: castanet.net, “Cyclist struck on hwy“, Rob Gibson, Dec. 19, 2017