A great deal of responsibility is placed on cyclists to watch
out for their own safety. Under the Highway Traffic Act, a bicycle is a vehicle
and has the same rights and responsibilities as other road users
and the driver of a bicycle must be as conscientious as the driver
of a car.
The Courts have tended to apportion liability for
car–bike accidents between everyone involved, sometimes
including the municipality. For example, in Evans v. Toronto
(City), 2004 Carswell 4721, the Ontario Court of Justice
upheld the claim of a cyclist against both a driver who opened his
door into traffic and the City who failed to maintain the road in
good repair.
What was unique in Evans was the court's finding
that, where the city has designated a bike route, it has a higher
obligation to protect the safety of cyclists. As Justice Winer
wrote wrote at paragraph 17-18:
