LETTER – Does City’s insurance cover injuries to pedestrian hit by e-bike?
Rivers Trail at Westmount. (Image: Mel Rothenburger file photo)
Dear Mr. McCorkell,
My wife and I were walking our dog the other day along Rivers Trail north of Westmount Park. We heard the distinct sound of “heavy electric bikes” coming from behind. Within a few seconds, a man and a woman passed us from behind; each was riding an e-bike.
I am unfamiliar with the legalities as far as e-bikes are concerned but I don’t believe they are considered motorized vehicles and carry no liability insurance as supplied by ICBC.
Does the City of Kamloops become liable for injury or death to a person (or their dog) that is struck by an e-bike on Rivers Trail? Allow me to point out that the trail is marked with a centre line and arrows for the direction of travel. The users are to assume that pedestrians, bicycles and e-bikes are to travel in the same direction. This is counter to the laws of travel for “highways” such as City streets. An RCMP Officer provided the description that a City street is legally a “highway” by definition.
Before there is an event causing bodily harm by collision of an e-bike with a pedestrian, could you give me a simple yes or no statement as to whether the liability insurance carried by the City will respond for a personal injury or death claim by a pedestrian or family of a pedestrian who has become the victim of a collision with an e-bike?
Thank you in advance for your statement.
JOHN NOAKES,
Citizen of Westmount
Hello Mr. Noakes,
Based on the factors you stated about markings and signage the simple answer is no, the city would not automatically be liable for an incident. It would be the person operating the bike (be it eBike or regular bike) that would be liable.
Thanks for the note.
KEN UZELOC,
Acting CAO
ArmchairMayor.ca 
I wonder what multi use pathways the city does have liability for? Are they liable for that path up Petersen Creek?
LikeLike
I’m a lawyer, but I’m not your lawyer. What Mr. Uzelock is not mentioning is that the city has received numerous complaints on not enforcing the lanes of travel on the shared paths, the fading ground arrow indicators, and the general deterioration of some of the River’s trail that has remained unaddressed for years.
Of course Mr. Uzelock can give his opinion, and of course he will not voluntarily admit liability when asked. Unfortunately for the taxpayers, a court decides liability, not Ken Uzelock.
LikeLike
School starts in early September. Children will be using Rivers Trail to go to and from Westmount Elementary.
The parents of a child who has been injured or killed by an e-bike will have a lot more resolve than I do.
More than likely , a crew of Chief Uzeloc’s Fire and Rescue will be involved in retrieving someone badly injured on the River’s Trail. How will they respond in front of a magistrate when being cross examined by a personal injury lawyer?
LikeLike
Yes John, it is possible to sue a city in BC for an injury caused by an e-bike on a sidewalk under their jurisdiction (British Columbia’s Local Government Act,) but success depends on proving the city’s negligence, such as failing to enforce by laws, maintain safe sidewalks, or address known hazards. The Municipal Act, Motor Vehicle Act, and common law negligence principles govern such claims. However, the e-bike rider is likely to bear significant liability if they were riding illegally on the sidewalk.
E-bikes are generally treated like bicycles and permitted on roads and bike lanes, but not on sidewalks unless explicitly allowed by local by laws. Cycling on sidewalks is often prohibited in BC municipalities because it poses a hazard to pedestrians. ICBC and municipalities have been looking to regulate E-bikes, but not sure about Kamloops
Citation: Nelson (City) v. Marchi, 2021 SCC 41, interesting case not E-bikes but municipality duty to keep streets safe.
LikeLike