Is there any case law supporting the argument that a plaintiff must travel to the right side of the through lane to avoid a collision?
British Columbia, Canada
The following excerpt is from Kimber v. Wong, 2012 BCSC 783 (CanLII):
In MacLaren v. Kucharek, 2008 BCSC 673 at para. 29, the trial judge rejected the defendant’s argument that the plaintiff, rather than travelling on the right side of the southbound through lane, ought to have travelled behind other southbound vehicular traffic and to have stopped behind that traffic so as to yield to left-turning northbound vehicles. Madam Justice Boyd observed at para. 29 that the realities of dealing with urban traffic are that cyclists regularly travel to the right of vehicular traffic and often overtake them in heavy traffic situations. In the result, the trial judge found the defendant 100 percent at fault.
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