Have you had a traffic accident while you were riding your bicycle?

What to do if you are involved in a cycling accident.

bicycle on snow covered street

Photo by Dave Haas on Pexels.com

by Ryan Kusuhara

If you are struck by a car as a cyclist, ICBC may attempt to allocate some blame (liability) to you for not following the rules of the road. As a cyclist, you have a duty to obey and comply with the Motor Vehicle Act of BC. The Motor Vehicle Act stipulates that you must always wear a helmet while you are on the road. You must also ride in the designated bicycle lane. Finally, you cannot ride your bicycle against the lane of traffic, even if there is no designated bicycle lane. ICBC may hold you partially liable for the accident, even though you are otherwise not at fault if you fail to observe some of these rules of the road.

The Courts on the other hand generally say that you cannot be held responsible for the accident so long as your breach did not contribute to the accident from happening. Courts say that if you failed to observe the rules of the road, you have a greater duty of care to those around you, but that does not necessarily mean that you are responsible for the accident. A duty of care in this context means paying attention to your surroundings, road conditions and communicating with others on the road so that you ensure the safety of yourself and others.

If you have been involved in a car accident as a cyclist, and would like to have any other questions about an ICBC claim and your right to compensation email Ryan Kusuhara at rkusuhara@panlegal.ca or call me at 604.372.4550.

Visit my website at https://panlegal.ca



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