On December 23, on a rural road near Sussex, New Brunswick, Ottawa-based competitive cyclist Ellen Watters was struck by a vehicle while out on a training ride. She died five days later, at the age of 28.
In response to Watters’ death, cyclists in New Brunswick have renewed calls for the province to institute a ‘one-metre rule,’ now dubbed Ellen’s Law. One-metre passing laws stipulate that drivers must leave a minimum of one-metre distance when passing a cyclist. In neighbouring Nova Scotia, drivers face a maximum fine of $800 for failing to allow proper clearance when passing. In Ontario, where Watters trained and where Neinstein’s team of bicycle accident lawyers is working to protect the rights of vulnerable road users, a one-metre law was introduced in September 2015.
The New Brunswick government has stated that it is aware of the one-metre policy proposal, and has considered it for several months.
“The safety of New Brunswickers on our roads and highways is our priority and our thoughts are with the [Watters] family during this difficult time,” said Minister of Justice and Public Safety Denis Landry, in a statement.
In Ontario, one-metre regulations have faced significant backlash from drivers. Some insist the laws have slowed average driving speeds; others believe they place an unfair burden on motorists and too little blame on cyclists.
To bicycle accident lawyers, Watters’ death brings into sharp focus the fact that cyclists need more effective protection on the roads. Watters was a rising star on the Canadian competitive cycling scene, having raced and performed well in several international events. She could easily be considered one of the country’s most capable cyclists, and thus much less in need of protection than the average bike rider. And yet here we are.
Neinstein’s bicycle accident lawyers believe that all vulnerable road users must be protected while using the roads, especially in cities like Toronto, where accidents have been steadily climbing in recent years.
In August 2016, Metro News Toronto reported that only 19 drivers had been charged under Ontario’s one-metre passing rule nearly a year after its introduction. Jared Kolb, director of Cycle Toronto, called the number “disturbing.”
“Especially since the Ontario coroner, in his review of cycling deaths, found motorists failing to give cyclists one metre when passing was a leading cause of death and serious injury,” Kolb continued.
With luck, more effective road safety regulations and improved enforcement will reduce the number of serious cycling injuries and fatalities in Toronto and around Canada. Until that time, Neinstein Personal Injury Lawyers’ bicycle accident lawyers can help. Contact Neinstein today for a free, no-obligation consultation to learn about your next steps.
Greg Neinstein
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