Citizens of Ottawa were saddened this week by the news of the death of Nusrat Jahan, a 23 year old Willis College student and daughter of a diplomat. Ms. Jahan was cycling eastbound on Laurier Avenue, in the designated bike lane, when she was struck by a Tomlinson truck that was attempting to make a right turn onto Lyon Street.

The collision and Ms. Jahan’s death have outraged many in the City and resulted in a call for better cycling infrastructure. City Councillors Jeff Leiper and Catherine McKenney tweeted out a call to join them for an impropmtu rally at City Hall. More than 100 people showed up for the rally, held just hours after the tragic collision.

Compared to many other cities in Ontario, Ottawa provides relatively safe cycling for its residents and visitors, according to Share the Road, an Ontario cycling advocacy group, as noted in a September 3rd CBC article.

While this may be the case, there is much room for improvement. Many are looking to The Netherlands for inspiration and ideas for improvements in cycling infrastructure. And there is much to be learned from our Dutch neighbours. Separate bike roads, designated bike lanes, separate traffic signals for cyclists and right turns on red lights only for cyclists are just a few of the many features of the comprehensive Dutch cycling infrastructure. Also integral to the Dutch system is an attitude amongst citizens and government that cyclists and cycling should take priority and be factored in to all infrastructure decisions. Dutch cycling infrastructure has been built up over many decades, starting in the 1970’s, so adopting their approach is not something that can be accomplished overnight. But fundamental to any significant improvement is a required shift in our attitude that prioritizes car travel over cycling.

Articles that discuss the Dutch model also highlight that there is a presumption of liability against the car driver in the case of a car/bicycle collision. This means that the car driver will be presumed to be at fault unless he/she can prove otherwise, in determining who has to pay for financial damage. In Ontario, this is alreday the law in civil cases – if a cyclist is involved in a collision with a car or truck, the car or truck driver is presumed to be at fault, unless he/she can prove otherwise. The same applies in pedestrian/car collisions.

If you or someone you love has been injured, the lawyers at Burn Tucker Lachaîne can help you understand your rights and obligations. We have represented many clients in cycling and pedestrian collisions. We can give you the information and advice you need and if you decide to proceed with a claim, we can ensure you are properly compensated for you pain and suffering and other losses.

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