Winter Bike Week is Here! Cycling Laws and Safety
This February 7th marks the beginning of Winter Bike Week, an event organized by the Halifax Cycling Coalition. The Halifax Cycling Coalition has been doing outstanding work to make the streets safer for cyclists in Nova Scotia. There are virtual events scheduled for every day this week, be sure to check them out by going to: https://cyclehalifax.ca/civi/event/info/?reset=1&id=258.
As personal injury lawyers, road safety is a topic near and dear to our hearts. We thought Winter Bike Week would be the perfect time to think about bicycle safety.
Stay Safe This Winter
Many Nova Scotians enjoy using their bike all year long. Indeed, winter cycling can be enjoyed by anyone provided they are prepared. If you are cycling this winter, be sure to dress for the weather and consider wearing a hat under your helmet to keep your head warm. Give yourself more time than usual to make your trip: travel can take a little longer in the winter. Be sure to pedal slowly and smoothly through ice or snow. Finally, since the winter is darker than the rest of the year, visibility is key. Remember that bicycles are required to have a white light in the front and a red reflector/light in the back. You can also wear bright or reflective clothing to make it easier for cars to see you.
Cycling Rules and Regulations
Bicycles are considered “vehicles” in Nova Scotia’s Motor Vehicle Act. That means bicycles have most of the same rights and responsibilities as cars and other road-users under the Act. For example, just like cars, bicycles cannot be ridden on sidewalks or through crosswalks. The Motor Vehicle Act applies to bicycles whenever they are in a place that is meant for the public to drive on.
The Motor Vehicle Act also includes some special rules which concern bicycles specifically. All cyclists must wear a helmet. Cyclists are not allowed to engage in “fancy driving,” like taking their hands off the handlebars or riding with someone on top of their handlebars. Cyclists must ride on the far-right side of the road or, if available, in a bike lane (except to pass, make a turn, or avoid debris). Motor vehicles are not allowed to pass cyclists unless it is safe to do so; they must always leave at least one metre between the car and the cyclist.
Last year, Nova Scotia amended the Motor Vehicle Act to allow municipalities to make traffic lights for bicycles and more changes are on the way. The Motor Vehicle Act is going to be replaced in the next few years by an updated Traffic Safety Act. That law will update many of the rules concerning bicycles and bicycle safety. The new law currently includes regulations about bicycle lights, directions on how cyclists may use rotaries, and a prohibition on “dooring.”
What if it goes wrong?
Despite all of our efforts to improve bike safety, sometimes accidents still happen. Nova Scotia’s Insurance Act also includes a special section concerning collisions with motor vehicles. When a cyclist or pedestrian is struck by a motor vehicle, the onus is on the motor vehicle to prove they did not cause the collision and/or injuries.
If you are injured in a bicycle/motor vehicle accident, in addition to any potential personal injury claim, there are likely insurance benefits available to you to cover medical expenses and loss of income
If you have any questions about what coverage you may have available to you or whether you may have a valid personal injury claim against the at-fault driver, please call Carter Simpson for a free consultation. We offer free consultations in accident cases, with no obligation to retain us moving forward.
Carter Simpson has prepared this document for information only. It is not legal advice. You should consult Carter Simpson about your unique circumstances before acting on this information. Carter Simpson excludes all liability for anything contained in this document and any use you make of it.