Cycling Without Lights Crash

This case arises from a car vs bicycle collision on 116 Street in North Delta at the onset of night. Manjit Dhaliwal and a friend were cycling northbound on 116 Street between 94 and 96 Avenues. Neither bicycle was equipped with a light. Sonia Kakkar was backing out of her driveway, did not see the cyclists and collided with Ms. Dhaliwal.

The Cyclists

Ms. Dhaliwal and a friend were cycling around their neighbourhood after dinner. Her bicycle was not equipped with lights despite the fact that they were riding at night.

Ms. Dhaliwal was in the lead and was riding on the sidewalk.

The Driver

Ms. Kakkar was backing out of her driveway. She intended to stop with her rear bumper in the middle of the sidewalk to look for cross traffic but the collision with Ms. Dhaliwal occurred before the stop.

Scene of the Crash

Ms. Kakkar's ability to see to the sides was limited by hedges and her driveway was between street lights that focused their light mainly on the street.

The Judgment

Justice Schultes examined the circumstances, including the duty of a driver to back safely, to stop before the sidewalk and yield to cross traffic when exiting a driveway as well as the duty of a cyclist not to ride on the sidewalk and use a headlight at night.

He concluded that in the circumstances, both parties were there to be seen. Ms. Kakkar's vehicle due to the lights and Ms. Dhaliwal because of street lighting.

Liability for the collision was apportioned 70% to the driver and 30% to the cyclist.

Cycling at Night

183 (6) A cycle operated on a highway between 1/2 hour after sunset and 1/2 hour before sunrise must have the following equipment:

(a) a lighted lamp mounted on the front and under normal atmospheric conditions capable of displaying a white light visible at least 150 m in the direction the cycle is pointed;

(b) a red reflector;

(c) a lighted lamp, mounted and visible to the rear, displaying a red light.

(7) Despite any other provision of this Act or the regulations, a cycle may be equipped with a flashing red light.

Learn More

• Read the Reasons for Judgment - Dhaliwal v Kakkar

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