OHTA.ca

I was in an accident today where I was riding on the right side of the road and a car swerved into me and bumped me into a concrete post on the side of the road. This happened in Downtown Toronto.

There is a road where there is normally a bike lane, but it is closed to construction. The road is still wide enough for most cars and a cyclist to ride safely, a big pickup truck might have issues though.

The traffic was backed up and more or less stopped, and most cars were giving ~4' of space letting cyclists go through to the right. As I was passing on the right traffic started moving again and the car beside me accelerated to the right a bit, struck me, and knocked me into a concrete post. The next place to turn right was about 300' up the road, so he wasn't turning right.

My bike left tire marks on his rear passenger door and I knocked his passenger mirror the other way.

A bystander called for an ambulance, and based on the tire marks and my description of the vent, the EMTs called the police.

Later at the hospital the police came to me and said "You're lucky. The driver isn't pressing charges against you, and there isn't any damage to his vehicle." When I protested saying that he hit me, he said "You shouldn't have been there in the first place. It's illegal to pass on the right. You should have been behind him not beside him."

There were 3 witnesses, two women who told me that they saw him swerve to the right, and a man who stayed to talk to police after the ambulance left. The police officer said that the man had said I rode right into the car. Unfortunately, I didn't get the info for the women.

Who's at fault? I'm not really looking for compensation, I seem to be okay other than a bad bump on the head, some cuts, and a low-grade headache. Bike is okay. I'm kind of insulted at the thought that I'm in the wrong here though.

I am thinking the officers are correct. Cars and trucks leave space for bicycles is because they are passing them from the left when traffic stops your supposed to stop too. I know cyclists like to continue past the stopped cars to the light but your not allowed to pass from the right. I hope you feel better soon.

ynotp wrote:but your not allowed to pass from the right.

I thought it was OK to pass on the right under certain situations.

Passing to right of vehicle

(c) is made on a highway designated for the use of one-way traffic only. R.S.O. 1990, c. H.8, s. 150 (1).

If a bicycle is considered a vehicle and there is sufficient width for a line of cars and a line of bicycles does this not indicate passing to the right by the bicycles is allowed?

The stipulation is "in safety". I do not believe the other driver is obligated to facilitate you safely passing him. I can't imagine the other driver would be charged with anything for moving to the right while still remaining in the lane because he would have right of way.

If you look at 150(1)(a) it states the vehicle is about to turn left or has signaled to turn left. At no point has it been mentioned that the vehicle is turning so it's clearly the cyclists fault. The vehicle was in his lane and driving properly.