OHTA.ca

I was cycling on a street with no bicycle lane, and a fairly wide right lane, wide enough to be shared by cyclists and cars. I was in the rightmost position in the lane, about a couple of feet from the curb. The cars were moving slowly because a street car was making a right turn at a traffic light about 100 meters ahead, and then they stopped altogether when the light turned red. I continued cycling, as there was a clear straight pass for me all the way to the traffic light.

There was a taxi in the line-up of the cars waiting at the light. Suddenly a woman that was riding the cab decided to exit, and opened the rear right door, right in front of me. The cab driver did not signal a stop, nor did he move closer to the curb to let the passenger out. There were good five feet between the curb and the cab.

I rode into the opened door. I got a bit bumped up here and there, but was, generally speaking, lucky as far as injuries go. But the bike got quite damaged. I called the police, and the officer ruled that I was at fault for the collision because I was passing the cab on the right (the ticket I god was for 'pass on right not in safety').

I have several questions about the whole affair:

1. Was the officer correct in assessing the collision? I find this absurd: if bikes are allowed to share a lane with other cars, then a biker should also be allowed to pass a car on the right, provided this can be done safely.

2. Does the HTA specify acceptable distance from the curb for a car to stop and unload passengers?

3. I read some evidence on the Internet that, as far as fault determination goes for the Insurance companies in Ontario, cyclists are never considered at fault, even if charged with a traffic violation. Where can I find a definitive verification for this?

4. I have a car insurance; do I *have* to go through my own insurance if I wanted to make a claim for the bike repair, or can I go straight to the cab driver's insurance to claim it?

5. I know that there are no demerit points on traffic violations made by cyclists, but will the traffic violation actually go into my driver's record? I.e. will it be visible to insurance companies?

Many thanks in advance for any input!

agenkin wrote:1. Was the officer correct in assessing the collision? I find this absurd: if bikes are allowed to share a lane with other cars, then a biker should also be allowed to pass a car on the right, provided this can be done safely.

In my opinion, yes he was. Lane-splitting or lane-filtering (driving/cycling between stopped vehicles, or stopped vehicles and the curb) is illegal, even though it's common practice.

agenkin wrote:2. Does the HTA specify acceptable distance from the curb for a car to stop and unload passengers?

Nope.

agenkin wrote:3. I read some evidence on the Internet that, as far as fault determination goes for the Insurance companies in Ontario, cyclists are never considered at fault, even if charged with a traffic violation. Where can I find a definitive verification for this?

That's sort-of true, but mostly because cyclists are not licenced and do not have to carry insurance, so there really aren't provisions in there for cyclists in the Fault Determination Rules (for insurance only).

Also the Fault Determination Rules are for insurance payouts. It doesn't affect your HTA charge.

agenkin wrote:4. I have a car insurance; do I *have* to go through my own insurance if I wanted to make a claim for the bike repair, or can I go straight to the cab driver's insurance to claim it?

Actually your bike, I believe, should be covered under your property insurance and not auto insurance. I could be wrong though. Other posters might know, or you could talk to your insurance company about it.

agenkin wrote:5. I know that there are no demerit points on traffic violations made by cyclists, but will the traffic violation actually go into my driver's record? I.e. will it be visible to insurance companies?

Don't know.

Radar Identified wrote:In my opinion, yes he was. Lane-splitting or lane-filtering (driving/cycling between stopped vehicles, or stopped vehicles and the curb) is illegal, even though it's common practice.

So when there is a lane with no cars stopped at the curb, and the cars driving in the lane have stopped because of a traffic jam or while waiting for a traffic light, supposing there is a straight, clear path along the curb for the cyclists, the cyclists are supposed to do what?

Lane splitting is legal as far as I know. I've never found a law against it. If you're an idiot about it then it could lead to other charges like careless driving, but the act itself appears to be legal.