Cyclist takes legal fight to BC paving company after hitting a hole
A cyclist took up a legal fight against a BC-based paving company after an incident involving roadwork that he says damaged his bicycle.
Tristan Klassen was the applicant in the BC Civil Resolution Tribunal case, and he says that Duncan Paving failed to mark a hole in the road as it was performing construction.
Klassen says he hit the hole while cycling through the area and that he had to pay $2,500 for bike repairs, injuries, missed work, and mental hardship. He sought that amount in damages from Duncan Paving.
Duncan Paving said that the construction zone was, in fact, well-marked and that Klassen ignored the signs and instructions from the traffic control person.
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On September 1, 2023, Duncan was doing road work on Maple Bay Road. Alongside workers were traffic control staff. When riding to the construction area, Klassen encountered a traffic flagger.
Both sides disagreed about what the flagger had said to Klassen, but the cyclist proceeded through the area and hit a hole, which damaged his tires. After that, he called his partner to pick him up.
The parties also disagreed about whether Klassen was thrown from his bike and the extent of his injuries. Klassen claimed he suffered a back injury, but Duncan said he walked away uninjured and told Duncan and the site supervisor that he was fine.
Klassen added that, in addition to the bike damage, he needed several months of massage and chiropractic treatment to help his back and to take a week off work because he was sore.
“He claims $2,500 in damages without breaking down this amount,” the tribunal said.
Klassen’s task was to try and prove that Duncan owed him a duty of care and that the paving company was negligent in that regard.
After sifting through the evidence, the tribunal found that both parties bore some fault.
The tribunal said that Duncan’s actions in alerting the public fell below the standard of care.
“While signs at the construction area alerted the public to general hazards, DPL failed to mark or alert the public to the hazard posed by the hole. As cyclists generally use road shoulders as lanes of travel, I find this posed a hazard to passing cyclists,” it added.
“I am unable to determine who is ‘more’ at fault,” the tribunal said.
The tribunal looked at the $144.37 the BC cyclist spent to repair his bike. In fairness to both sides, they ordered Duncan to pay half of that, or $72.18. All other claims were dismissed.