Cycling Without Lights Crash

BC Courts Coat of Arms This case arises from a car vs bicycle collision on 116 Street in North Delta at the onset of night. Manjit Dhaliwal and a friend were cycling northbound on 116 Street between 94 and 96 Avenues. Neither bicycle was equipped with a light. Sonia Kakkar was backing out of her driveway, did not see the cyclists and collided with Ms. Dhaliwal.

image of a night time cycling crash

The Cyclists

Ms. Dhaliwal and a friend were cycling around their neighbourhood after dinner. Her bicycle was not equipped with lights despite the fact that they were riding at night.

Ms. Dhaliwal was in the lead and was riding on the sidewalk.

The Driver

Ms. Kakkar was backing out of her driveway. She intended to stop with her rear bumper in the middle of the sidewalk to look for cross traffic but the collision with Ms. Dhaliwal occurred before the stop.

Scene of the Crash

Ms. Kakkar's ability to see to the sides was limited by hedges and her driveway was between street lights that focused their light mainly on the street.

The Judgment

Justice Schultes examined the circumstances, including the duty of a driver to back safely, to stop before the sidewalk and yield to cross traffic when exiting a driveway as well as the duty of a cyclist not to ride on the sidewalk and use a headlight at night.

He concluded that in the circumstances, both parties were there to be seen. Ms. Kakkar's vehicle due to the lights and Ms. Dhaliwal because of street lighting.

Liability for the collision was apportioned 70% to the driver and 30% to the cyclist.

Cycling at Night

183 (6) A cycle operated on a highway between 1/2 hour after sunset and 1/2 hour before sunrise must have the following equipment:

(a) a lighted lamp mounted on the front and under normal atmospheric conditions capable of displaying a white light visible at least 150 m in the direction the cycle is pointed;

(b) a red reflector;

(7) Despite any other provision of this Act or the regulations, a cycle may be equipped with a flashing red light.

Learn More

Read the Reasons for Judgment - Dhaliwal v Kakkar

Share This Article

Oh Wow

Look, someone got 30% off for backing up. At-least they weren't turning right while young, they would've been apportioned 100% fault.

30% off?

The fact is, most of these adjucations of blame are more one sided.

Such as that young fool who wasn't able to drive his haywagon off the highway without striking another vehicle (who he probably never even looked for, or noticed).

Cycling accident

Bicycle riding at night with no light - illegal

Bicycle riding on sidewalks - illegal

Backing out of a driveway- legal

Again cyclists rule regardless of the law. Don't ever hit a cyclist running a stop sign!

As noted in the case, the…

As noted in the case, the person in the car had a responsibility to stop before the sidewalk. At that point the person on the bike on the sidewalk could have been able to avoid being hit. No, people on bikes do not rule but just like everyone else on the road they make mistakes, which was noted by the 30% apportionment. Mainly the point is to operate your vehicle according to the amount of damage that can be afflicted on someone in a more vulnerable position, many people in cars think just because bicycles are also governed by the same laws as their vehicle that makes everything equal. Not that simple.

Backing out of a driveway is…

Backing out of a driveway is akin to backing out of a parking lot. Park beside a monster pickup truck or a van or an SUV and you cannot see a thing. My neighbour has a 6 foot hedge lining her property which goes right to the sidewalk. I cannot see anything until I am on the sidewalk at best.

Let me add to the bicycle plaint. Driving through a school zone at 30 I have been passed on the inside by an e-bike. Not driven by kid, a jock but by a little old lady on a mission.

You might have a different opinion on cyclists if you drove in Victoria!

Dumb and dumber

Dumb, riding on the sidewalk. Numerous studies have shown that riding on the sidewalk is significantly more dangerous than riding on the road (by about 30%). Yes even for children, they are often hidden from drivers by parked cars. If the road is too dangerous to ride on, then the sidewalk is too (unless there is no cross traffic or driveways).

And dumber, reflective clothing is only effective if they are in the headlights of drivers and other cyclists. So crossing traffic cannot see you. This from a cyclist. Oh an e-bikes, many of which are actually not e-bikes at all but rather low powered electric motorcycles, there is no reason not the have lights, you have lots of battery power and led lights take very little.