CASE LAW - Heuring v Smith
Douglas Heuring was riding his bicycle eastbound on 13 street approaching Grand Boulevard East in North Vancouver, B.C. He stopped for the stop sign about 10 feet back from the marked stop line at the intersection. He saw a truck being driven northbound by Erik Smith slowing down as it approached the 4 way stop.
Assuming that Smith would stop, Mr. Heuring proceeded, but chose to move to his right and ride in the crosswalk as he knew that he was being overtaken from behind by another vehicle.
Mr. Smith stopped, but slowly proceeded forward and did not immediately observe Heuring's approach. Both braked, but a collision occurred.
Madam Justice Morellato was asked to decide both liability and damages for the collision. She found that Heuring did not stop properly and should have dismounted to use the crosswalk. Smith should have taken greater care, expecting the possiblity of the cyclist in the crosswalk and that the cyclist could be hidden by the A pillar of his vehicle.
The disposition amounts come to a total of $112,244.37 but must be reduced by 40% to $67,346.62 to reflect the apportionment of liability between the parties. Special damages in the categories agreed to by the parties must be added to this amount. These are to include treatment and mileage expenses incurred from the date of the Accident to June 30, 2015, with a 40% deduction representing Mr. Heuring’s apportionment of liability.