When someone dies because of a bike lane obstruction, can a city be sued?

Cities around the world are investing millions of dollars in expanding safe and separated cycling networks to encourage residents to consider riding a bicycle for transportation and leaving the car at home. These measures are designed to appeal to a wide swatch of people who might not otherwise opt for a bicycle. It is supposed to make people feel and indeed keep safe, but as we all know, bike lanes are apparently great spots for people to illegally park, dump construction equipment and otherwise do what they want. But, if the city fails to keep these spaces clear and safe for the very cyclists they have encouraged to put two wheels to pavement, is it the city’s fault when someone is hurt or killed as a result. Case in point, a recent tragic death of a cyclist in Toronto.

Less than two weeks ago, a cyclist was killed after being hit by the driver of a large dump truck near Queen’s Park on Bloor Street East in Canada’s largest city. Hundreds showed up for the memorial ride last week.

According to lawyer David Shellnut, of The Biking Lawyer, this situation is just one of many at construction sites throughout Toronto. And, the fine by the city of Toronto is likely not a coincidence.

“This is for sure because the public has made such a large outcry on this case that they’re actually doing something,” he said. “I’ll take it, I guess.”

The incident, marking the fifth cyclist fatality in Toronto this year, has spurred public outcry and highlighted ongoing safety concerns for cyclists navigating city streets.

Lessons from Toronto: A Broader Perspective

As cities across North America develop burgeoning bicycle networks, Toronto’s recent tragedy offers a critical case study in the intersection of urban planning, construction management, and cyclist safety. The challenges faced by Toronto’s cycling community are not unique. Many cities are grappling with similar issues as they strive to promote biking as a viable, safe mode of transportation.

In Toronto, witnesses on Reddit described the chaotic scene on Bloor Street West, noting the presence of large vehicles and construction equipment that created dangerous conditions for cyclists. One commenter noted, “There’s a giant dumpster currently occupying that lane and parked cars sort of turning the westbound bike lane into a dead end. Not sure if the cyclist swerved into the road because of the blockage but the truck is in the westbound car lane quite a bit before the intersection.”

Shellnut suggested that part of the problem lies in the lack of proactive measures from the city.

“They should follow what other municipalities do, like Montreal, and have a mobility squad tasked with inspecting construction sites daily. If we had an enforcement team regularly checking these sites, a lot of these issues could be prevented,” he explained. According to Shellnut, implementing such a system would be a cost-effective measure, given the number of construction projects in the city.

Cyclist killed on Bloor just east of Avenue. Perhaps she was riding outside the bike lane anticipating having to go around a construction bin blocking the curb lane just before the intersection pic.twitter.com/qrujYIlSsC

— jnyyz 🚲 (@jnyyz) July 25, 2024

Learning from Montreal: The Mobility Squad Model

Montreal’s mobility squad provides a compelling example of proactive urban management that could serve as a model for other cities, including Toronto. The squad patrols the city to ensure safe travel by swiftly addressing obstacles on streets and sidewalks, thereby improving traffic flow and reducing hazards.

The mobility squad, composed of 16 members, works closely with Montreal’s police department, its boroughs, and the Centre de gestion de la mobilité urbaine (CGMU). This collaborative approach allows the squad to respond quickly and effectively to issues such as:

• Illegal or improper parking
• Unauthorized construction
• Authorized construction sites that are not compliant with issued permits
• Road obstructions such as branches, cones, or bags
• Broken traffic lights

These efforts ensure that public property remains safe and accessible for all road users, whether they are driving, biking, or walking.

The squad operates from 5 a.m. to 11 p.m., Monday to Friday, and has the authority to:

• Issue tickets for illegal occupancy
• Halt unauthorized construction activities
• Adjust the occupancy of public property in collaboration with boroughs
• Coordinate with police officers and technical teams to rectify hazardous situations

This level of proactive enforcement could significantly improve cyclist safety in cities experiencing rapid infrastructure growth and increased cycling traffic.

Bike lane in Montreal

Legal and Policy Implications

The legal landscape in these cases often involves complex interactions between the city and construction companies. Shellnut explained that when accidents occur due to construction-related hazards, the city typically deflects responsibility onto the construction companies through indemnity clauses in their contracts.

“What that usually means is that the city of Toronto is off the hook, and the contractor picks up the litigation,” he said. While this can sometimes expedite compensation for victims, Shellnut argued that it allows the city to shirk its responsibility to maintain safe roadways.

Moreover, Shellnut is challenging the city’s reliance on these legal clauses by taking on cases where repeated complaints about dangerous conditions were ignored.

“We’ve seen cases where streets under construction for years were constantly flagged as dangerous, and no one did anything. We’re suing the city because they owe a duty to ensure that roadways are clear and free of hazards. You can’t just wash your hands of it,” he asserted.

The Need for Comprehensive Safety Measures

The recent incident on Bloor Street West has brought these issues into sharp focus. Despite the city’s efforts to build more bike lanes and promote cycling as a mode of transportation, Shellnut believes that more needs to be done to ensure these lanes are safe and free of hazards.

“If you build it and encourage people to use it, you can’t put them in harm’s way. If you create something, it has to be free of hazards,” he said, citing a precedent from a Supreme Court case in British Columbia that held the city responsible for not clearing a pathway between angled parking and sidewalks during winter, creating large snow windrows, resulting in injury. Coincidentally, Shellnut said the city of Toronto intervened on behalf of the city of Vancouver in the case.

Hundreds of people on bikes, mourning family & friends placed a ghost bike at Avenue & Bloor last night. The 5th in Toronto this year. Our collective energy #bikeTO was both comforting in this hour of loss & powerful in its demonstration of our unified commitment to safe streets. pic.twitter.com/X9XasycygD

— The Biking Lawyer (Dave Shellnutt) (@TheBikingLawyer) August 1, 2024

A Call to Action for Cities Everywhere

As urban centers across North America continue to expand their cycling infrastructure, Shellnut emphasizes the need for a holistic approach to safety that includes regular inspections and accountability, and compares the issue to one faced by cars and trucks around the Greater Toronto Area.

“If there’s a hazard for motor vehicles on the 401, it gets cleaned up immediately. The same priority should be given to bike lanes and other mobility devices. We need to underscore the unique safety challenges faced by cyclists and ensure they are protected,” he concluded.

The tragic death of the cyclist on Bloor Street West is a stark reminder of the urgent need for improved safety measures and accountability in cities everywhere. As municipalities invest in cycling infrastructure to promote healthier, greener transportation options, they must also address the infrastructure and enforcement gaps that put cyclists at risk daily.

By learning from each other and implementing best practices, cities can create safer environments for all road users, ensuring that the benefits of cycling are not overshadowed by preventable tragedies.