One of the small ways drivers can show kindness to each other is
to create a gap in what is otherwise backed up traffic so that a
driver trying to turn across the lane can get through. One of the
great joys of being a cyclist is to take advantage of the shoulder
to whiz past stopped traffic. Who is at fault when the turning
driver and speedy cyclist collide? This question was before the BC
Court of Appeal in Ilett v. Buckley, 2017 BCCA
257.
Mr. Ilett was a cyclist riding past vehicles stuck in traffic
along the right shoulder of a road during the afternoon rush hour.
Unbeknownst to him, at the next intersection, Ms. Buckley was in
her vehicle waiting to turn left. With oncoming traffic backed up,
the driver of a large truck created a gap and waived Ms. Buckley
through. As her vehicle made its turn, Mr. Ilett entered the
intersection and a collision resulted.
