Recent cycling deaths point to a need to make roads safer

By LegalMatters Staff • A “disproportionate number” of cycling fatalities in the past few months illustrates the need for stronger penalties, improved infrastructure and more robust law enforcement to curb senseless tragedies, says Ontario trial lawyer and safety advocate Patrick Brown.

“The bottom line has been and continues to be that we need more vigorous penalties to deter careless driving,” says Brown, principal partner with McLeish Orlando LLP.

“We need to improve infrastructure to provide added protection to cyclists to give them space and safe passage to protected bike lanes. “We need more traffic cameras and other enforcement measures to catch people who are driving recklessly.”

He points to at least five fatalities involving cyclists since the beginning of May as further proof of the need for change.

‘Very big upswing’

“We’re seeing an increase in the number of cyclists getting hit and killed,” Brown tells LegalMattersCanada.ca. “We know 2017 was a bad year for cycling deaths but looking at the number of fatalities just in the GTA so far, it seems like we are on a very big upswing.”

A recent news report stated that police reported a 600 per cent increase in stunt driving between March 23 and April 27.  

Fewer cars on the road due to the pandemic may be a contributing factor to the increase, Brown says.

With gyms closed, he says more people have been getting out on bicycles on roads that appear to be getting more deadly.

Reckless driving

“It’s a combination of an increase in cyclists going for exercise or simply getting outside during COVID. At the same time you are getting a certain portion of the population driving carelessly,” says Brown, founder of Bike Law Canada. “The roads aren’t as congested and there’s a select portion of the population that seems to be taking advantage of the chance to drive aggressively and recklessly.

“More people taking up cycling combined with the increase in stunt driving sets up a perfect storm for more chances for cyclists getting hit and killed,” he adds.

Brown says people could once find safety in numbers by riding with a group. However, because of social distancing brought on by the pandemic, the Ontario Cycling Association is not sanctioning club rides.

“Therefore, you are getting cyclists going out on their own which makes them more vulnerable,” Brown says. “In a club, you have different people who guide the ride. There are certain rules and conduct that you need to follow that also provide a safer ride. “

He says it is difficult to account for the rise in stunt driving incidents.

‘Form of aggression’

“Perhaps people who are stir crazy in their houses and apartments due to the pandemic are getting in their car and using it as a form of aggression,” says Brown. “The pace has slowed down, why can’t people slow down in their car?”

It’s a problem that needs immediate attention, he says, adding more effort should be made to ticket anyone disobeying the law that states cars must stay one mere away from cyclists.

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“We also need to reduce speed,” says Brown. “We need more speed cameras. It doesn’t matter where you are, it doesn’t have to be just school zones. Any place you speed you are going to get ticketed and if you keep doing it you are going to lose your licence.” 

He says it’s “a valid point that everyone should obey the rules of the road” but cyclists are often unfairly criticized for being the authors of their own misfortune.

Victim blaming

“There is so much victim-blaming at times,” says Brown. “Many people want to direct it at cyclists, but most cyclists know the rules of the road because they drive a car. 

“Of course, cyclists should obey the law, take precautions and be vigilant toward their safety but the main cause of these crashes and deaths is generally drivers not giving space, excessive speed, not being patient and not respecting other people on the road,” he adds.

 Brown explains that statistics and studies show “that there is a bias against cyclists.”

“That bias sometimes seeps its way into the officers investigating the scene. Sometimes it seeps into the way juries perceive cyclists,” he says. “Sometimes it seeps into the way our politicians and governments make laws.” 

If a cyclist takes risks and chooses to act recklessly, the consequences could be dire so “it falls on them to protect themselves,” Brown says.

“If people drive without obeying the laws the consequences to them physically can be nominal,” he says. “The consequences to the people they hit are immense.”

Brown encourages all bicycle riders to make safety a priority.

Develop safe habits

“New cyclists should take time to develop safe patterns. Plan a route that has protected bike lanes,” he says. “Pick routes where there’s less traffic. Stay away from high-speed areas. Watch for cars pulling right hooks in front of you. It happens all the time in Toronto and you have to be aware. You could be in the right, but it could be dead right.”

If you have been injured in an accident get as much information as you can along with photographs of the scene, Brown advises. 

“Have someone help you get witnesses because sometimes police do not have the resources to do a fulsome investigation,” he says. “Reaching out to family and friends to get the investigation started sooner than later will help your case.”

Brown says even if you only suffered scrapes and bruises and a broken bike you can apply for accident benefits.

“It doesn’t matter if the cyclist is at fault, they still get some benefits to help with medical rehabilitation and some income loss where applicable,” he says. “If their injuries are more serious and persist, they should contact a lawyer right away.”