As the weather gets warmer, you are bound to see more cyclists out and about, and so it’s only fitting that May is Bike Safety Awareness Month.
Not surprisingly, cyclists are particularly vulnerable to injury. Their bodies are completely exposed to harm, without much protection. Helmets, of course help — but they are not foolproof and don’t cover your face, protect your neck or the rest of your body.
It’s also not surprising that cyclists who are hit by motor vehicles can suffer severe, life-altering injuries such as traumatic brain injuries, spinal fractures, paraplegia or quadriplegia and other broken bones significantly limiting their mobility and ability to work. Sometimes the injuries can even be fatal. According to a 2019 StatsCan article, between 2006 and 2017 there was an average of 74 cycling fatalities annually in Canada. 73% of those deaths were because of a motor vehicle collision (Statistics Canada, 2019).
Typically, when someone is hurt because of the carelessness of another and pursues a legal remedy, they have the onus of proving that other person was negligent. But when cyclists are injured in a motor vehicle collision, they have the benefit of a reverse onus because of s. 193 of the Highway Traffic Act. This means that the onus is on the driver of the vehicle to prove that they were not negligent. Owners and lessees of motor vehicles should know that they are legally responsible for the negligence of any driver who has their consent to be in possession of their vehicle (Highway Traffic Act, R.S.O. 1990, c. H.8, s. 192(1) – (4)).
With that said, regardless of who has the burden of proving what in court, both drivers and cyclists need to be safe. They need to be safe to protect themselves and other users of the road. With that in mind, here are some simple tips to follow.
For drivers of automobiles:
- Be on the lookout for cyclists. They are legal and proper users of the roadway too. Streets are not just for cars.
- Before making a right turn, check your rear-view mirror and side mirror, and do a shoulder check to ensure it’s safe to proceed.
- Before making any left turn, ensure the way is completely clear and the turn can be made safely.
- Don’t follow cyclists too closely. They are particularly vulnerable to harm, and they don’t have brake lights to warn the traffic behind them that they are slowing down.
- Be sure to leave cyclists enough space when passing them. Even accidentally hitting them at low speed can be fatal or cause them devastating, long-term impairments.
- Always do a shoulder check before you open your door. If you have a side mirror, check that mirror too. If you open your door without looking, you could hit a cyclist going by and cause a catastrophic injury.
For cyclists:
- Come to complete stops at red lights and stop signs.
- Signal your turns with your arms.
- Consider having a side mirror so you can see approaching traffic behind you.
- Wear a helmet that properly fits your head.
- Be sure you have a reflector on the back of your bike.
- Wear reflective clothing.
- Watch for potholes and other disrepairs on the roadway that can cause bad accidents and send you over your handlebars.
By following these simple tips, we can make the roads safer for everyone, including ourselves.
Drive safely.
Bike safely.
Happy Bike Safety Awareness Month!
References
Circumstances surrounding cycling fatalities in Canada, 2006 to 2017, Statistics Canada, published July 31, 2019.
