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City at fault after cyclist gets "doored"

cyclopath2001 · 2004-07-14 21:15:10

City at fault after Toronto cyclist gets "doored" A Toronto court has found that the city was partly to blame for a 2002 incident in which local cycling activist Hannah Evans was struck by a car door on the city's Queen Street West. Deputy Judge Morris Winer awarded Ms Evans $4,500 in damages with 25 percent to come from…

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14-07-2004 10:15pm

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cyclopath2001

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City at fault after Toronto cyclist gets "doored"

A Toronto court has found that the city was partly to blame for a 2002 incident in which local cycling activist Hannah Evans was struck by a car door on the city's Queen Street West.

Deputy Judge Morris Winer awarded Ms Evans $4,500 in damages with 25 percent to come from the city. He apportioned liability for the incident 25 percent to the city, 50 percent to the driver of the car and 25 percent to Ms Evans because she was not wearing a helmet.

Ms Evan's lawyers argued that under common law principles the city had a duty to provide a safe road environment for cyclists and in this case had failed in that duty. A bike lane along Queen Street West had been decommissioned in 1993 because the road was not wide enough to accommodate it, but the city had failed to take down some signs marking the lane. In addition, a popular bike lane in the area leads to Queen Street West, effectively dumping riders.

The judge agreed that the city had been negligent in failing to make the road safe. Ms Evans suffered a mild concussion and bruises as a result of the crash.

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