Cycling is a popular and fun way to navigate the city, but like most forms of travel, it is not risk-free, especially when it is dark outside. To stay safe, it is important to wear proper reflective clothing and have adequate light fixtures on your bike so you are visible to other people and can properly see, while on the road.
Having proper gear to ride when it is dark outside also helps cyclists reduce potential contributory negligence, in the event that they are involved in an accident. This means that even if another party caused the accident, such as a driver striking a cyclist on the side of a dark road, the cyclist may still bear a percentage of the responsibility for any injuries sustained.
However, contributory negligence only applies to plaintiffs in cases where safety precautions, such as reflective clothing and lighting, could have prevented or reduced the severity of the cyclist’s injuries. Moreover, when a cyclist is on a public road and is injured by a motor vehicle, section 193 of the Highway Traffic Act presumes that the driver is solely at fault unless they can prove otherwise.
In the case of Pelletier v. Ontario (2013 ONSC), a police officer was found to be 60% liable and a cyclist 40% liable for the cyclist’s injuries. This was because when the officer hit the cyclist in his car it was dark outside, the cyclist was riding in a crosswalk, the bicycle had no lights, and the cyclist was wearing dark clothing.
If you were involved in an accident while cycling, contact our legal team to determine if you have a potential claim. Our firm has multiple cyclists, including Managing Partner, Vadim Kats, who is an avid cyclist and biked for Team Canada.