PEI

Turn ruled unsafe in accident that paralyzed cyclist

The New Brunswick driver of a car that collided with a cyclist in Charlottetown last summer has been found guilty of making an unsafe turn.

Driver fined $100

Jordan Arsenault Loeman was found Monday morning to be guilty of making an unsafe turn in an accident that paralyzed Alan Stanley. (CBC)

The New Brunswick driver of a car that collided with a cyclist in Charlottetown last summer has been found guilty of making an unsafe turn.

Jordan Arsenault-Loeman of Saint John was fined $100 for the infraction under the Highway Traffic Act. The collision, which happened Aug. 1, 2015 on Brackley Point Road, left Alan Stanley paralyzed from the chest down and reliant on a wheelchair to get around.

Provincial Court Judge John Douglas found that the turn was unsafe, despite the defence theory that the bicycle was going too fast for the traffic conditions.

"An accident like this could have happened to anyone," the judge told court, "But that is not the point. This was a serious incident."

Alan Stanley sat in his wheelchair in Charlottetown provincial court as the judge delivered the decision.

"I'm relieved it's over," he said.

'Perfect storm'

During the trial, court heard Alan Stanley was riding southbound on Brackley Point Road, travelling under the posted speed limit of 50 kilometres per hour.

He collided with a car that was making a left-turn from the northbound lane.

Stanley was thrown from his bicycle and landed on the road.

The judge ruled that the driver's view of the cyclist was obstructed by a southbound SUV.

"The driver could not see the cyclist. The driver could not turn safely under those conditions," said the judge, "It was a perfect storm."

Lawsuit filed

The driver was not present in court today as the judge delivered his finding on the charge under the Highway Traffic Act.

Alan Stanley's lawyer has filed a lawsuit against the driver, seeking an unspecified amount of money in damages.

The driver's lawyer has filed a statement of defence, saying the driver was not at fault. 

With files from Brian Higgins

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