This case determines the liability for a right hook collision involving a vehicle and a cyclist at the intersection of Hollywood Road South and Highway 33 in Kelowna.
The Cyclist
Valerie Charlton-Miner was riding northbound in the Hollywood Road cycle lane approaching Highway 33 and intended to travel straight through the intersection. The traffic light was green but turned to yellow as she entered the intersection. Realizing that it was turning right, she braked and moved to the right but was unable to avoid running into the side of it.
The Driver
Reginald Hedgecock was driving northbound in the right turn lane of Hollywood Road, also intending to turn right onto Highway 33. He told Ms. Charlton-Minor after the crash that he had seen her in the cycle lane beside him but then forgot about her.
The Driver's Position
Mr. Hedgecock's position was that Ms. Charlton-Miner should not have attempted to proceed straight through the intersection in the cycle lane. She should have moved over to the through lane and continued in the cycle lane after she had ridden across the intersection.
Decision on Liability
Mr. Justice Wilson examines the law with regard to the rights and duties or a cyclist, turning at intersections and careless driving. He disagreed with Mr. Hedgecock and found that Ms. Charlton-Miner was entitled to use the cycle lane. The driver was found to be 100% liable for the collision.
Right Hook Collisions
Drivers should do the following to avoid a right hook collision with a cyclist:
- Signal well in advance of the right turn
- Check your mirrors and shoulder check to prior to turning
- Yield the right of way to cyclists present in the lane or bike lane
- If permitted, make the turn from as close to the curb as is practicable
- Consider that some cyclists may be moving at a significant speed
Learn More
Share This Article
I think this intersection is very dangerous for cyclists. I think in order to improve safety, the white solid line which denotes the bike lane should change to a dashed line for a couple of car lengths before the intersection. This would allow right-turning vehicles to move to the curb and ensure that bikes and right-turning vehicles do not drive side-by-side.
- Log in to post comments
We don't let cars to turn right from the left lane, because that would create an immediate conflict with cars going straight in the right lane, but we do with bicycle lanes, which inevitably results in undesired outcomes. Same could be said about center-median LRT - which left turning vehicles commonly collide with because the train is going straight from the left-most lane, while the car is making a turn from what becomes the middle lane.
- Log in to post comments
I think this is a safer bike lane, however even here many drivers do not move to the curb prior to making a right turn.
- Log in to post comments
Again we are getting away from basic driver safety practices. Any time you are turning the steering wheel no matter how little, other than for a curve in the road, you should mirror and shoulder check to make sure it is safe for you to do so. Before you turn the wheel, not as you turn the wheel.
- Log in to post comments
- Log in to post comments
This type of intesection / bike lane puts cyclists at risk