CASE LAW - Davies v Elston

BC Courts Coat of ArmsJim Davies was unhappy with how close Kevin Elston parked his pickup truck to a cycle lane. The rearview mirror on the truck was a hazard to passing cyclists. Mr. Davies commented to his son who was riding along with him. Mr. Elston overheard the conversation, got into his truck and caught up to the Davies. A conversation took place between Jim Davies and Kevin Elston as Elston drove along beside Davies. Davies rested his hand on Elston's pickup as they moved along side by side. At the conclusion of the conversation, Elston accelerated away, Davies lost his balance and fell, injuring his right hip and pelvis.

Of interest in this judgment is a comment on riding a bicycle while attached to a vehicle by a hand, riding side by side and just how a bicycle lane fits into our highway law.

A bicycle lane is a designated use lane under the provisions of the Motor Vehicle Act. It is part of the highway, but not part of the roadway or the shoulder.


... that's a really interesting case.

I don't think it can be said that the defendant or the plaintiff can be said to have 'won' at the end of the day.  Pretty sad case of road rageousness.  I thought this was well stated:

A driver of a motor vehicle is not entitled to impose a penalty of death or serious bodily harm on a cyclist just because the cyclist was rude or broke a traffic rule.