CASE LAW - R v Couldwell

BC Courts Coat of ArmsErin Couldwell was operating his bicycle at the exit of a parking lot onto a lane near the Victoria Police Department headquarters just before 7:00 am on September 25, 2014. His bicycle had neither lights nor reflectors. Constable Horonowitsch had just commenced his dayshift and was approaching the parking lot exit in the lane driving a marked police vehicle with it's normal vehicle lighting on. The constable's view to his right was obscured by shrubbery. Mr. Couldwell collided with the rear of the right front quarter panel of the police car.

Judicial Justice H. W. Gordon found at trial that Mr. Couldwell was the servient driver and should have yielded the right of way to the police vehicle. For this reason, as well as the lack of lights and reflectors, he was convicted of the offence of riding without reasonable consideration for others using the highway.

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