CASE LAW - Dupre v Patterson
The collision referenced by this case occurred on Cornwall Avenue just east of Walnut Street in Vancouver, B.C. Marianne Dupre was riding her bicycle westbound on Cornwall and was being overtaken by a car driven by Teresa Patterson. As Patterson passed by Dupre her car struck the handlebars of Dupre's bicycle causing her to fall off, breaking her upper left arm and sustaining other less serious injury.
Patterson was found to be at fault for the collision because she had not passed by Dupre at a safe distance.
Also of interest is Madam Justice Adair's observation about Cornwall Avenue at the location of the collision. The right-hand westbound lane is also wide enough to accommodate street parking, but there are no marked lines on the pavement separating the parking area from the traveled portion. "I conclude that there are two westbound travel lanes on Cornwall with a curbside area for street parking." This meant that both were sharing the same lane and Patterson had a duty to pass by safely.