A boatload of bikes are for sale by auction on Saturday May 10th at Kingston’s Portsmouth Olympic Harbour. Not a few. A lot. Like enough to fill the exhibit space on the main level.
Why is that?
It’s because people don’t register their bikes and then they don’t report it when they get stolen.
Registering your bicycle vastly increases the likelihood of it being returned after it’s been stolen. It also allows police to secure a conviction related to its theft.
It’s dead easy to register. Go to Bicycle Registry and link to the app 529 Garage.
Then, if your bike grows legs and disappears in the night, report it.
Now that the winter sand is swept from the streets (or almost – you still need to be careful), you’ll want to be out on your bicycle. This is a good time to do maintenance. Check your brakes. Ensure your helmet is fitted properly. Be present when you’re riding. A motorcyclist needs to be aware of what’s happening at least twelve seconds down the road. A cyclist needs to keep a similar eye out for approaching traffic and potential problems.
Even if you take all the precautions in the world, you can still get hurt. Sometimes there’s nothing to be done about it. People fall off bikes. They run into things. On the other hand, there are special rules that protect cyclists who are involved in a crash with another vehicle. If you’re hurt in a crash between two cars, YOU must show that the other driver is at fault or negligent before you can bring a claim against the other driver. You bear the onus of proof. It’s your job to prove your case. BUT in a crash involving a car and a bicycle, the driver of the car must show that he is NOT negligent. See how the responsibility for proving the case shifts? This is called a Reverse Onus. It’s the same deal for pedestrians. If a car hits a pedestrian, the driver must show that he is NOT negligent. Again with the Reverse Onus.
In summary, get your bikes out and tune them up. Register them. Take some photos and save the pics. Then ride. If something happens, don’t run to a lawyer unless you have injuries that interfere with your ability to work or engage in activities that are meaningful. If you have serious injuries, go see a lawyer. Even if you think you might be partially at fault. The Reverse Onus rule is there to protect you.
Edward Bergeron
Ted Bergeron is a Queen’s University graduate with degrees in Physical Education, Arts, Education and Law.
Ted’s legal career started in insurance defence litigation. He worked at a boutique law firm in Toronto, servicing only insurance companies. He switched to representing only injured clients and their families in 1995. He knows both sides of the system inside and out.
He has lectured extensively in the School of Rehabilitation Therapy, the School of Physical and Health Education and the Faculty of Law at Queen’s University. He has worked in a volunteer capacity with the Law Society of Upper Canada as an instructor in the Bar Admission Course teaching Civil Litigation.
