When a vulnerable road user is hit by a passing vehicle

What's a vulnerable road user?

A vulnerable road user is a person not in a motor vehicle and includes pedestrians, cyclists, and people in or on a motorcycle, kick scooter, wheelchair, stroller, electric mobility devices and other human-powered or micro-mobility devices.

In this diagram, the vehicle is passing too closely to the kick scooter rider.

• Driver = 100%

• Vulnerable road user = 0%

​​The rules of the road

The driver must maintain 1 to 1.5 metres of space, depending on speed limits and location, when passing a vulnerable road user to ensure it's safe and avoid cutting them off. Therefore, the driver would be found 100% responsible. ​

​What does it say in the Motor Vehicle Act?

• Section 144.1: Additional duty respecting vulnerable road users

• Section 157.1: Duty when overtaking pedestrians, cyclists or certain other persons

• Section 183: Rights and duties of operator of cycle

Que​stions?

If you have questions about your responsibility assessment, please contact your claim representative.

If you wish to dispute the assessment, find out how to file a dispute.