The case of Harris v Doe involves the hit and run of a cyclist, Lucian Harris, by an unknown driver. The collision took place at the intersection of Williams Street and Reece Avenue in Chilliwack. Mr. Harris was riding southbound intending to turn left from Williams onto Reece and was overtaken by a driver. Harris was struck when he began his left turn and the vehicle passed by him.
Madam Justice Norell ultimately apportioned blame at 60% to Mr. Harris and 40% to the unknown driver represented by ICBC.
Harris was negligent in not shoulder checking to insure that it was safe to turn, failing to signal appropriately and starting to turn when it was not safe to do so. Damages were assessed at $604,906.65, 40% of which is $241,962.66.
The unidentified driver had ample time and opportunity to see Harris and failed to pass by a safe distance away.