Pedestrian sues cyclist after bike path crash in Vancouver
Maili Capaldo alleges she was injured when Jack Matsushita allegedly rode into her on 10th Ave. at Fir St.
A Vancouver woman is suing a cyclist who allegedly crashed into her while she was crossing a bike path last October.
In a B.C. Supreme Court notice of civil claim, Maili Capaldo says the incident happened when she was crossing the busy West 10th Avenue bike route southbound on the west side of Fir Street.
Capaldo says Matsushita failed to stop at a stop sign and rode into her at high speed while she was in the crosswalk, leaving her with injuries to her neck, back, legs and arms.
The suit follows the death of a pedestrian hit by a bike in Stanley Park last week.
Lawyer David Hay, who specializes in bike issues, says litigation relating to cyclists is on the rise.
"With the increase in cycling popularity then certainly I have seen a commensurate increase in these types of claims," Hay told the CBC.
But Hay says although many cases are launched, few ever come to judgement and that, for both pedestrians or cyclists in court, the governing issue is fault.
On a bike lane, that might mean a pedestrian should be more aware of bikes, and likewise, on a sidewalk, bikes should know they have no place.
Lack of insurance also often deters potential plaintiffs, says Hay.
"Their enthusiasm tends to be tempered because they risk being on the winning side of a dry judgement."
Matsushita declined comment on Capaldo's claims. None of the allegations have been proven in court.
Google map: West 10th Avenue at Fir Street
On mobile? Click here to read the full B.C. Supreme Court notice of civil claim
With files from Jason Proctor