BIKES AND THE LAW
The law may try to take all the fun out of the Easter Bunny, Santa Claus, and the Great Pumpkin but when it comes to bikes, safety is a serious matter.
Bikes can be a lot of fun but can also be dangerous.
With hopes of a beautiful summer, and the City’s ongoing efforts to improve active transportation, motorists and bikes have many more opportunities for conflict. Cars are a lot bigger than bikes and will be the winner in a collision. That is why that for purposes of liability for personal injuries, bikes and bicyclists are treated like pedestrians. It is the job of the motorist to keep a good lookout, and the presumption is that the motorist is at fault in a car bike collision. That however does very little good for the seriously injured bicyclist. Bicyclists receive the benefits of the rules of the road, but also must obey the rules. Weaving in and out of traffic suggests a death wish.
Ontario’s Highway Traffic Act treats bicycles as vehicles and gives bicyclists many of the same responsibilities as the driver of a car. The word bicycle appears 171 times in the Act, so the law has a lot to say about bicycles not all of which we will cover here.
One of the first and most important men- tions of bicycles in the HTA creates the obligation to wear a helmet when riding a bicycle on a road. Yet we still often see bicyclists without this basic protection for the most important part of their body.
Recent changes to beef up the Act require motorists to give space to bicycles, even if that means slowing down your car. But bike riders need to remember that they are to stay to the right-hand side of the road and should be aware that they are not supposed to ride in crosswalks. A motorist is not expecting a bike to whizz by as they are attempting a turn. Safety is a two-way street.
Everyone at Weilers Law hopes that you are having a safe and enjoyable summer. If you have a bike, please ride carefully. If you drive a car, please beware of bicycles. The law promotes bike safety, but ultimately, it is up to each of us to do our part.