A driver who rear-ended and injured a cyclist in East Vancouver six years ago will not have to compensate the man for his injuries, a B.C. Supreme Court Justice has ruled.
On the morning of Oct. 20, 2007, 42-year-old Sky Miles was cycling eastbound on Grandview Highway.
He was wearing a bike helmet and a bright yellow rain jacket, and was looking to make a left onto Slocan Street.
Still in the right lane, Miles shoulder checked, spotted a car approaching in the left lane, then used a hand signal before making his move.
Moments later, Miles collided with the car. He was knocked off his bike and bounced off the hood and windshield before landing some distance away.
In the months that followed, Miles reported various injuries, including chronic neck and lower back pain, depression and sleeplessness.
He alleged the 20-year-old driver — Sapna Kumar — had been negligent, while the defense argued Kumar had the right of way and that it was Miles who was obliged to make sure changing lanes was safe.
B.C. Supreme Court Justice Lance Bernard agreed, ruling Miles had disregarded Kumar's right of way, which made him "the author of his own misfortune."
Miles' claim was dismissed.