Does a driver who overtakes a cyclist and then makes an abrupt right turn into the path of the cyclist be solely at fault?
British Columbia, Canada
The following excerpt is from Sivasubramaniam v. Franz, 2008 BCSC 1089 (CanLII):
In Hildebrand v. Canada (RCMP), the defendant driver was found solely at fault because he had overtaken the cyclist and then turned abruptly from the centre of the road into the path of the cyclist. A similar result was held in Cavezza v. Wallace. In that case, the defendant driver had overtaken the plaintiff cyclist and then made an abrupt right turn, cutting the plaintiff off and failing to give her enough time to react.
In George v. Kembel, the plaintiff cyclist was found solely at fault when he overtook and collided with the right rear of the defendant’s vehicle as it executed a right turn.
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