CASE LAW - Charton-Miner v Hedgecock
This incident involves a collision between a cyclist, Valerie Charlton-Miner and a driver, Reginald Hedgecock at the intersection of Hollywood Road South and Highway 33 in Kelowna. Ms. Charlton-Miner was riding northbound in Hollywood Road cycle lane approaching Highway 33. From left to right at the intersection approach is a left turn lane, a through lane, a right turn lane and the cycle lane.
Ms. Charlton-Miner intended to proceed across the intersection and remained in the cycle lane. Mr. Hedgecock overtook her and attempted to turn right onto Highway 33, accelerating as the signal turned yellow. She collided with the side of his pickup when he turned across her path.
Mr. Hedgecock's position was that Ms. Charlton-Miner should not have attempted to proceed straight through the intersection in the cycle lane. She should have moved over to the through lane and continued in the cycle lane after she had ridden across the intersection.
Mr. Justice Wilson examines the law with regard to the rights and duties or a cyclist, turning at intersections and careless driving. He disagreed with Mr. Hedgecock and found that Ms. Charlton-Miner was entitled to use the cycle lane. The driver was found to be 100% liable for the collision.