What are some cases where a motorist was held to blame for the collision of a 12 year old cyclist?
British Columbia, Canada
The following excerpt is from Connell (Guardian of) v. Dyck, 1998 CanLII 3670 (BC SC):
Another useful case is Nakayama v. Taylor (unreported) April 1997 New Westminster Doc. C903208 which involved a motorcycle striking a 12 year old bicyclist who had been travelling down a residential side street, deliberately weaving from side to side within his lane of travel. He heard the defendant sound his horn during a swerve to the left, and from a point near the centre of the street he suddenly swerved to the right in an attempt to enter a park and get out of the path of the vehicle behind him. The impact with the motorcycle was on the right side of the street adjacent to the park entry. The motorist was held 60% to blame and the bicyclist 40%, with the court commenting that given the defendant's knowledge of the likelihood of children being present at or near the park and actually seeing the plaintiff riding erratically, there was a heavy onus to take particular care.
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