Government needs to act to improve cycling safety

Many cycling-related injuries – whether minor or fatal – could be prevented with government action and attention to cycling safety, Toronto critical injury lawyer Patrick Brown writes in Precedent Magazine.

“Toronto has one of the highest collision rates per capita for cyclists of any large Canadian city,” writes Brown, partner with McLeish Orlando LLP. “More than 1,000 bicycle riders are injured in Toronto each year — and the real figure is much higher, since an estimated 80 per cent go unreported.”

Brown says his line of work has given him a “front-row seat” to the aftermath of cycling accidents, and says prevention strategies are needed.

‘Reluctant to invest money’

“Our city and province know what these things are, but without the threat of lawsuits, our governments are reluctant to invest money in cycling safety,” he writes.

Recommendations stemming from a 1998 report suggesting segregated bike lanes, helmet laws and side guards on heavy trucks to prevent cycling deaths were mirrored in the 2012 Cycling Death Review, writes Brown, but progress is slow.

“Of the 495 km of bike lanes promised in the 2001 Toronto Bike Plan, less than a quarter have been built. Cycle Toronto reports that we have fewer bike lanes now than in 2009,” the article says. “In 2013, no protected bike lanes were added and only 2.4 km of painted bike lanes were put in place.”

Civil lawsuits are often a catalyst in holding governments accountable and forcing legislative and regulatory change, but the city rarely gets taken to court over cycling accidents, says the report.

$1M in third-party coverage

Most automobile drivers in Ontario have $1 million in third-party coverage in the event they hurt or kill someone — like a cyclist — while trucks often have even higher limits, writes Brown, noting in addition, there are also no-fault insurance benefits that are paid out by the auto insurers to the injured.

“In the majority of cases, the injured cyclist (or family of the deceased) will only elect to sue the driver because there is enough insurance to cover their needs, and these cases are often quite straightforward,” writes Brown. “Adding the city or even the provincial government for their neglect — a much harder case to win — would create added litigation costs and risk. If you don’t beat the government, you could be on the hook for their legal fees, which can cut into your existing insurance payout.”

In the article, Brown urges the Ministry of Transportation and Ministry of Municipal Affairs to adopt a provincial policy statement that all roads be planned as “complete streets” that enable pedestrians, bicycles, transit riders and motorists to interact and move safely.