CASE LAW - Steinebach v Skittrell
The case of Steinebach v Skittrell involves a collision between a car driven by Katherine Skittrell turning right over a bicycle lane to enter the Gables townhouse complex and Mark Steinebach, a cyclist who was using that bicycle lane. Ms. Skittrell should have been aware of Mr. Steinebach, as she had nearly collided with him in the intersection of Promotory Road and Teskey Way a short distance away.
At the time of the collision, Mr. Steinebach was riding downhill in the cycle lane at approximately the speed limit returning home from work.
Ms. Skittrell slowed to make a right turn into the townhouse complex and did not see Mr. Steinebach approaching from her rear due to vehicles behind her blocking her view of the cycle lane. She turned right without shoulder checking and a collision occurred.
Madam Justice Walkem decided liability for the collision as 85% to Ms. Skittrell and 15% to Mr. Steinebach, saying the following:
While cyclists in a dedicated lane are allowed to pass on the right, they also need to be situationally aware of, and responsive to, road conditions, which require increased vigilance for the possibility vehicles may be turning into driveways, including where traffic is unusually busy or congested.