CASE LAW - Behragam v. Paviglianiti

BC Courts Coat of ArmsThis case involves a cyclist, Javad Behragam, and a pickup truck driver, Peter Paviglianiti. The two collided in the traffic circle on West 10th Avenue and Birch Street in Vancouver.

The trial was held to determine who was liable for the collision.

Mr. Behragam was found to have entered the traffic circle sufficiently ahead of Mr. Paviglianiti to be considered the dominant driver. This required Mr. Paviglianiti to “use reasonable care to satisfy himself in a timely way that there was no traffic proceeding into the intersection from his left.”

One point of interest in this case is the discussion of how far ahead of another one must enter the intersection to be considered the dominant driver.


As a cyclist and motorist 

Correct me if I’m wrong,while riding a bike I’m a vehicle. I’m required to fallow the same rules as any other vehicle. That being said,even if I’m in the right,I’ll wait and let the vehicle proceed ahead of me.I can only be dead right once. This not always happens.even if I go ahead a vehicle suddenly shows up.My impresssion and have been told to get the hell out of the way your only on a  Bicycle.Many drivers don’t know I’m a vehicle and afforded the same. All in all some cyclist are just plain stupid towards their own safety.In traffic circles I’m extra  cautious for just as the type of vehicles,In order to survive you need to read the traffic to play on the road