Cyclist and a car... Who's at fault?

[91civicZC]

Originally Posted by zulutango

Just forget for a moment that it is a bicycle. If you had started a right turn legally and a motorcycle came up behind you and tried to pass you on the right as you turned, who do you think would be breasking the law?

Thats what I would think, I just have a hard time beliveing that if it happend the driver wouldnt get crucified.

Thanks for the info though.

[zulutango]

Anyone doing so would have to ignore these sections of the MV Act...at their peril.


Passing on right
158 (1) The driver of a vehicle must not cause or permit the vehicle to overtake and pass on the right of another vehicle, except

(a) when the vehicle overtaken is making a left turn or its driver has signalled his or her intention to make a left turn,

(b) when on a laned roadway there is one or more than one unobstructed lane on the side of the roadway on which the driver is permitted to drive, or

(c) on a one way street or a highway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and is of sufficient width for 2 or more lanes of moving vehicles.

(2) Despite subsection (1), a driver of a vehicle must not cause the vehicle to overtake and pass another vehicle on the right

(a) when the movement cannot be made safely, or

(b) by driving the vehicle off the roadway.

Rights and duties of operator of cycle
183 (1) In addition to the duties imposed by this section, a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle.

[BallPeenHammer2]

so just to put it to layman's terms: That bike on my right can't just slam into me and plea innocence when I turn right? Or when they stop at an intersection and prevent me from safely turning right?

[zulutango]

If you are stopped...or ahead of them and have begun your turn when they come up behind your vehicle and try to pass you on the right, what I posted above applies. If you pass them then slow down and turn right in front of them, then you would be at fault. If you are both stopped at an intersection and you try to turn right across their path of travel then you would be at fault. It's much simpler and safer to let them pull ahead, then turn...specially if they are in a designated bicycle lane.