A Toronto cyclist has filed a lawsuit against the city’s police force, alleging that a police officer opened a car door into their path, causing a collision, only to then blame the incident on the rider’s speed and lack of a helmet.
The cyclist’s lawyer has told blogTO they believe the case has highlighted “a clear anti-cyclist bias”.
David Shellnut is a specialist lawyer for cycling personal injury cases and explained how a client had been injured in a dooring incident last July, the rider suffering a “serious” hand injury when a car door was opened into their path by a Toronto police officer.
While the injured rider sought help for a hand wound, it is alleged the police officer ticketed the cyclist, making a report the rider was “riding too fast for the condition” and was not wearing a helmet. Lawyer Shellnut pointed out it was particularly bizarre considering Ontario law does not require anyone over the age of 18 to wear a helmet when cycling.
The lawyer alleges that the officer involved also issued a helmet ticket a year earlier, despite it not being a legal requirement. In that case, Shellnut suggests his client was seriously injured by a driver cutting across a bike lane while turning.
In the dooring case, he is clear the Highway Traffic Act places responsibility on the person opening their door.
“It’s really upsetting to my client, and I think to cyclists across Toronto, that there’s an officer out there with a clear anti-cyclist bias,” Shellnut told BlogTO, adding that he has launched a lawsuit against the city’s police force and may file a formal complaint too.
“We want the bias addressed, and we also want to tone down the rhetoric of enforcement against cyclists. We want TPS to support injured people,” he said.
“There are certainly a few good apples at TPS. Some of the hit-and-run detectives, and those at traffic services, do some exemplary work that really helps out injured people.”
Back in 2018 a Toronto police officer who parked in a bike lane and opened his door into the path of an oncoming cyclist, knocking him to the ground and breaking his wrist, was told he would not face charges following an investigation by the Ontario Special Investigations Unit (SIU).
Road safety activist and Toronto injury lawyer Patrick Brown said the decision sends out “a very poor message” about cyclist safety, while a Cycle Toronto spokesperson said the organisation was “alarmed” the officer was not charged.
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