Dedicated bike lanes create a safer place for cyclists to travel, but they also introduce a situation that many drivers find confusing. Who has the right of way when a driver needs to turn right across a bike lane to enter a driveway or side street?
The British Columbia Supreme Court considered exactly that question in Steinebach v. Skittrell, 2022 BCSC 89, a collision between a motor vehicle and a cyclist travelling in a marked bike lane. The decision provides valuable guidance for both drivers and cyclists.
The Collision
On Mother's Day in 2014, the plaintiff was cycling downhill in a dedicated bike lane on Promontory Road in Chilliwack. His cycling computer recorded his speed at 47.9 km/h, within the posted 50 km/h speed limit.
The defendant was driving in the same direction and intended to turn right into the entrance of a townhouse complex. Between the intersection and that driveway were several closely spaced driveways, and traffic was heavier than usual.
The driver signalled a right turn and crossed the bike lane toward the driveway. The cyclist immediately braked and attempted to avoid the collision, but struck the passenger side of the vehicle and was thrown over the hood.
What the Court Found
The court found that the driver checked only the rear-view mirror before beginning the turn. She did not look in her side mirror and did not perform a shoulder check before crossing the dedicated bike lane. As a result, she never saw the approaching cyclist until hearing him yell immediately before the collision.
Justice Walkem used an analogy from firearm safety to illustrate the importance of confirmation before action: just as a firearm should be treated as loaded until proven otherwise, a bike lane should be treated as occupied until a driver has confirmed it is safe to cross.
Where there is a marked bike lane, the starting presumption should be that there may be a cyclist travelling in that lane, and a turn across a bike lane is only appropriate after a driver confirms that the lane is free and not occupied.
Justice Walkem used an analogy from firearm safety to illustrate the point: just as a firearm should be treated as loaded until proven otherwise, a bike lane should be treated as occupied until a driver has confirmed it is safe to cross.
The obligation to check does not change because the crossing is to enter a driveway rather than an intersection. A driver crossing a bicycle lane must ensure it is safe to do so before entering that space.
The Cyclist Also Shared Responsibility
The cyclist was not found entirely free of blame.
Although he was riding within the speed limit and was entitled to use the dedicated bike lane, he had noticed unusually heavy traffic before beginning his descent. He was also familiar with the road and knew there were several driveways in quick succession.
The court found that a reasonable cyclist should have anticipated the increased possibility of turning vehicles and reduced speed accordingly.
Section 183 of the Motor Vehicle Act recognizes that cyclists have rights when using the highway, but those rights exist alongside responsibilities to operate with reasonable care and attention.
Having the right to use a bike lane does not remove the responsibility to ride defensively and take reasonable steps to avoid a collision when possible.
Liability was apportioned:
- Driver: 85%
- Cyclist: 15%
What Drivers Should Learn
A turn across a bike lane should never be treated like an ordinary lane change. Before crossing the lane:
- Signal your intention well in advance.
- Check your rear-view mirror.
- Check your side mirror.
- Perform a shoulder check immediately before crossing the bike lane.
- Do not begin the turn until you are certain the bike lane is clear.
Simply activating a turn signal does not give a driver priority over a cyclist already travelling in the bike lane.
What Cyclists Should Learn
A dedicated bike lane allows cyclists to continue past slowed or stopped traffic, but it does not eliminate the need for caution.
Busy traffic, closely spaced driveways, and turning vehicles all increase the risk of a collision. Even when a cyclist has the legal right to continue, reducing speed and anticipating possible conflicts may prevent a crash.
Section 183 of the Motor Vehicle Act recognizes that cyclists have many of the same rights and responsibilities as other road users. A cyclist's legal right to occupy a bike lane must be balanced with the duty to ride with reasonable care.
The Bottom Line
This decision reinforces that drivers bear the primary responsibility when turning across a dedicated bike lane. They must actively look for cyclists before crossing the lane. At the same time, cyclists are expected to recognize situations where the likelihood of turning vehicles is increased and adjust their riding accordingly.
Sharing the road safely depends on both road users understanding that a bike lane is an active travel lane, not simply unused pavement beside the roadway.
Learn More
- Log in to post comments