Ontario cyclists and motorists may wonder who has the right of way for a right turn at an intersection. Drivers and other cyclists may have observed that sometimes, when a car stops and signals a right turn, a cyclist will pass the car in the bike lane rather than waiting for it to make the turn. For some drivers and cyclists, this may appear unsafe.
On behalf of Joseph Caprara of CBLAW posted in Bicycle Accidents on Tuesday, March 17, 2015.
Ontario cyclists and motorists may wonder who has the right of way for a right turn at an intersection. Drivers and other cyclists may have observed that sometimes, when a car stops and signals a right turn, a cyclist will pass the car in the bike lane rather than waiting for it to make the turn. For some drivers and cyclists, this may appear unsafe.
According to a spokesperson from the Ontario Transportation Ministry, both drivers and cyclists have a responsibility in these circumstances. A driver must signal and must check to make sure it is safe to make the turn. This includes looking for pedestrians, cyclists or any other obstruction that might enter their path while they are turning.
However, this does not give cyclists the right to race past the signalling driver. The law also states that while passing on the right is permitted, it must only be done when it is unobstructed and safe. A driver who has signalled intentions to make a right turn has made it unsafe for the cyclist to pass, and therefore, the cyclist should slow or stop until the driver has completed the turn.
In a bike accident resulting from a scenario like this, it is possible that both a driver and a cyclist might be partly at fault. However, a cyclist who has been in an accident may wish to consult a lawyer. A lawyer may be able to assist in better assessing the facts and legal ramifications of the situation and to help the cyclist possibly obtain compensation. Cyclists are particularly vulnerable to injury in an accident because the safety features available in most cars do not surround them, and this compensation may cover medical expenses and lost wages from missed work among other costs.