Who Is at Fault in a Car and Bike Accident in Nova Scotia?

Road safety in Nova Scotia is a shared responsibility. Both drivers and cyclists must follow the rules to ensure everyone’s safety. Determining fault can become complicated and confusing when bicycle accidents happen involving cars.

That’s why understanding road rules is so important. Bikes are considered vehicles, giving cyclists the same rights and responsibilities as motorists. Drivers must treat cyclists as they would other vehicles on the road, giving them the same space and respect.

Unfortunately, drivers violate traffic laws and can cause a bicycle accident in Nova Scotia when you least expect it. If this happened to you, contact Preszler Injury Lawyers and learn how an experienced bicycle accident lawyer can help with a possible personal injury claim.

Common Issues Arising Between Cars and Bikes 

Many bicycle accidents happen due to violations of traffic laws in Nova Scotia. 

Passing Distance Requirements: The law requires a one-metre (about 3 feet) buffer when passing cyclists. That’s the “one-metre rule,” introduced in 2011. You can cross a solid yellow line to maintain that space as long as it’s safe. Failing to do so can result in fines between $250 and $2,000 for a first offense.

Right-of-Way:Drivers must yield to cyclists in several situations to avoid bicycle accidents. These include when a cyclist is already in an intersection, in a marked crosswalk, has the right of way at a 4-way stop, or is proceeding straight through an intersection while the driver is turning.

Dooring: “Dooring” happens when a vehicle occupant opens a door into a cyclist’s path. Vehicle occupants must check their mirrors and blind spots before opening doors adjacent to roadways or bike lanes. Those who cause dooring incidents can be liable for injuries and damages.

Bike Infrastructure: Drivers must respect designated bike lanes and understand that sharrows (shared lane markings) indicate cyclists can use the entire lane. Vehicles are generally prohibited from driving, stopping, or parking in bike lanes.

Rules for Cyclists

Cyclists also have rules. These rules promote safety and can affect fault determination in accidents.

Equipment Requirements: Nova Scotia law requires cyclists to have properly functioning brakes, lights (white front, red rear) when cycling between dusk and dawn, a bell or horn, and helmets (mandatory for all ages). Lacking required equipment can significantly affect fault determination if it contributes to a collision.

Lane Positioning and Road Use: Cyclists must ride next to the right-hand side of the roadway – except when they are preparing to pass or getting ready to turn left. This also applies when they try to avoid a hazard or when lanes are too narrow to share. They should use bike lanes and ride single-file on highways and busy streets.

Signaling Requirements: Cyclists must use hand signals to indicate their intentions. Failure to signal before turning or stopping can contribute to accidents and impact fault determination.

Intersection Behavior: Cyclists must follow the same rules as motorists at intersections, including stopping at stop signs and red lights, yielding the right of way when required, and following traffic signals and signs.

What to Do After a Bicycle Accident in Nova Scotia

The moments following a bicycle accident are critical for safety and preserving evidence to determine fault and recover compensation.

Take Immediate Action

Safety first. If possible, move to a safe location and check for injuries. Call emergency help immediately if there are injuries or significant property damage.

Report the bicycle accident to the police if it meets specific criteria. Having a police report can help prove driver liability for the bicycle accident.

Seek medical attention. If you believe you have head injuries or any other severe injuries, see a medical provider immediately so you can receive medical treatment and document the fact that you are an injured cyclist.

Taking this approach will help you stay organized throughout your personal injury claim.

Establishing Fault

Establishing driver liability in a bicycle accident in Nova Scotia—where someone failed to exercise reasonable care and caused harm to another person—requires you to show negligence. Insurance company representatives will require evidence to support your liability and injury claim.

That means keeping records of all communications related to the accident, including tracking expenses and losses. This will be helpful when you’re seeking financial compensation in your bicycle accident claim.

Reverse Onus is a legal concept that stands for the principal that a driver of an automobile has the onus proving they were not negligent in causing an accident with a pedestrian or a cyclist.  

Proving fault in a bicycle accident involves establishing the key elements of negligence.

• Duty of Care – First, all road users owe a duty of care to others. That means acting with reasonable care and following the rules of the road. 
• Breach – When someone fails to meet that duty of care—like a driver texting while driving or a cyclist running a red light—that’s considered a breach.
• Causation – The third element is causation: the breach must directly cause the bicycle accident injuries. This might be a traumatic brain injury, broken bones, spinal cord injuries, or many other serious injuries.
• Damages – The fourth element is damages: you must demonstrate actual harm, including physical injuries, property damage, emotional distress, and financial losses due to the bicycle accident.

Pursuing Compensation

Once you’ve established fault, you can pursue various forms of compensation through insurance company claims and potential litigation.

You may be eligible for economic damages—like lost income and property damage—or non-economic damages, which are not as easily identified.

What you receive in compensation will depend on the seriousness of the bicycle accident and the resulting injuries – and how the accident has affected your ability to make money and spend your time.

The best way to determine what you should ask for in damages from an insurance company is to speak to a Halifax bicycle accident lawyer. They can review your case and get expert testimony to show how the mishap has impacted your life. It’s vital to engage the help of a lawyer, as they can review all the factors of your case and show, through the evidence gathered, that the other party was negligent.

Economic Damages

Economic damages include the lost wages from not working or how the incident reduced your ability to make a living. Brain injuries and other common bicycle accident injuries can often prevent you from working. They also include property damage – bicycle repair and replacement, damaged gear, clothing, and equipment.

Non-Economic Damages

These damages compensate the litigant for harder-to-calculate costs – pain and suffering, permanent impairment, or disfigurement. By speaking to a Halifax bicycle accident lawyer, you can better understand what to ask for in fair compensation. A lawyer who regularly handles these types of claims keenly understands what types of compensation to pursue.

Making Things Safer for Cyclists on the Road with Motor Vehicles

Nova Scotia has made significant strides in improving road safety over the years. Some initiatives include speed management, impaired driving, and winter driving safety.

The province uses speed cameras, automated enforcement in high-risk areas, and variable speed limits to keep drivers safe. Impaired driving measures include roadside suspensions, expanded definitions of impairment, and mandatory ignition interlock programs.

The “One Metre Rule” and infrastructure improvements like dedicated bike lanes and pedestrian refuge islands protect cyclists and pedestrians. Commercial vehicle safety is also a priority, with regular inspections and mandatory driver training.

Nova Scotia’s safety record is strong, thanks to regular safety audits, rumble strips and cable barriers. Roundabouts are used to replace traditional intersections as well.

Speak to a Lawyer About Your Bicycle Accident Claim Now

Don’t delay contacting an experienced bicycle accident lawyer about your potential case. The time for an in-person initial consultation is now. Contact Preszler Injury Lawyers today.