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last modified July 3, 2003

Cycling and the Law

Article #1

By David Hay

To many cyclists, driving is simply another form of aggression. Obvious examples are found in cases involving road rage but even more common are the everyday displays of underlying anger and road competitiveness. Unfortunately, an even greater source of injury and loss is the negligent, rather than intentionally violent, operation of the automobile. As most people can appreciate, the slightest negligent act or omission behind the wheel of an automobile can have catastrophic consequences. As a litigation lawyer in downtown Vancouver for the last 14 years, I have seen the worst in terms of the destructive power of the automobile. I have advised cyclists and cycling associations for years and sadly, it is my experience that conditions are not getting much better.

It is my impression that in Western society driving is considered a fundamental right rather than a luxury. The law has been very quick to respond to obvious acts of vehicular arrogance when they result in injury. But social planners and politicians are reluctant to recognize the social and environmental cost of the modern automobile. Single occupancy, for example, is not widely recognized as wasteful. The Sunday drive is still very much entrenched in our sentimental cultural fabric, and 16-year olds, pumped full of manufacturers' performance propaganda and beer commercials, are provided with licences to drive on their birthdays. It is tough not to be philosophical. However, I was invited to contribute to the Coalition's website, not as a philosopher, but as a lawyer and advisor to cyclists and cycling associations. For the next 12 installments I will shut up about philosophy and talk about the law as it pertains to cyclists. After 12 episodes, if there is any further interest, then I am only too happy to oblige. So fasten you helmets and stay tuned as we ride through the history of the law and the jurisprudence involving that prince/princess of creatures, that immortal soul on this decreasingly green earth, the cyclist.

David Hay is a litigation lawyer and partner at Richards Buell Sutton LLP. RBS is a full-service law firm in Vancouver delivering legal advice and solutions in all areas of practice. The information above is not legal advice. Anyone seeking legal advice should contact David directly.

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