CASE LAW - Harvey v Robin
- Backing Up |
- Case Law |
- Collisions |
- Cycling |
Jennifer Harvey was riding her bicycle southbound on Ontario street entering the roundabout at Athlete's Way in Vancouver. As she entered, she noted a car ahead of her that was stopped but had the backup lights on. Ms. Harvey did not decide to stop until the car began to back up, but by then it was too late, the car collided with her.
Ms. Harvey remained upright but was pinned between the car and the center of the roundabout. She sustained soft tissue injuries to her back, shoulder, neck, and right elbow.
The driver of the car, Marc Robin, was attempting to back into a parking spot on Athletes Way.
Madam Justice MacDonald looked at the law with regard to backing up and taking reasonable care for your own safety. She found Mr. Robin at fault for the collision. Ms. Harvey was contributorily negligent for failing to take care. In deciding the case of Harvey v Robin she apportioned liability 90% to Mr. Robin and 10% to Ms. Harvey.