Cyclists need to be licensed, says injured pedestrian

Emily Niedoba, injured after being hit by a 240-lb. cyclist in downtown Toronto, is considering civil action. She says cyclists should be licensed and be required to carry insurance. (RENE JOHNSTON/TORONTO STAR)

For Emily Niedoba, June 5 is pretty much a blank slate — she has no memory of being mowed down around noon by a 240-lb. cyclist who ran a red light at Yonge St. and Rosehill Ave.

“I don’t remember anything about getting hit — my last memory was being back at the gym having a shower,’’ she says.

The 31-year-old had been on her way home from a fitness gym when she was hit by a cyclist who was charged with failure to yield under the Highway Traffic Act. It carries a set fine of $150, plus $30 surcharge, upon conviction or guilty plea.

Not only is the fine for a cyclist running a red light “completely inadequate,’’ she says there is a need for regulating bikers.

What she would like to see are changes requiring all cyclists over the age of 16 to be licensed and carry insurance.

“They are travelling with velocity — they have the potential to cause a lot of damage,’’ says Niedoba who is considering a civil suit against the cyclist.

Police investigators have pieced together what happened and told her that the male cyclist came over to see how she was after he hit her.

“They said he was afraid he’d broken my neck — there was a lot of blood,’’ said Niedoba, who was taken from the scene by ambulance to Sunnybrook Hospital where she spent four days, including two days in the intensive care unit, being treated for a severe concussion, subdural hematoma, extensive facial bruising and swelling, injury to her left eye and a badly separated shoulder.

She is getting outpatient treatment at the neurotrauma clinic at Sunnybrook and has an August appointment at Sunnybrook’s brain injury clinic. The extent of injury to her eye is still under investigation and she is getting physiotherapy for her shoulder which will never be “completely normal again.’’

“Nobody, or their family, should have to go through this or die,’’ she says. Running a red light “is completely preventable . . . there’s enough violence in the world. We really shouldn’t be causing more damage and trauma to each other.’’

Talking about what happened is still emotionally difficult, says Niedoba, an actress and a producer with Urban Jungle Theatre who had started a job as a casting researcher for a television production company just before the accident. She went through a period of extreme depression for about a month after being hit “which I’m told is common with brain injuries,’’ she says. Her anxiety level has risen considerably.

What’s worse, this is the second time she has been hit by a cyclist who went through a red light. Last fall, she was crossing a street in Yorkville and was knocked to the ground, right near where some paramedics happened to be having a coffee. Niedoba couldn’t get up and they rushed over to help. The cyclist had stopped to see how she was.

“The paramedics put me on a backboard to take me to hospital and one of them said to him, ‘You have to stay around.’ ’’ At that point the cyclist ran and took off on his bike, says Niedoba, who suffered contusions and severe whiplash.

“It is an incredible strain of bad luck to be hit by two cyclists at locations a short distance apart within an eight-month period,’’ says Niedoba. “It definitely says something about our city.’’

— Valerie Hauch, Staff Reporter

Comments

[April Smyth]

It is extremely unfortunate that some cyclists are so reckless. However, let's not make this a Cyclist vs. Pedestrians issue. Many cyclists are seriously injured when jay-walking pedestrians suddenly step out in front of them. Just last week I was thrown from my bike onto College street when forced into an emergency stop by pedestrians who just stepped out from behind some cars. I was seriously injured. The two women did not even come over to see if I was okay. Should pedestrians then also be licensed? Of course not. However, penalties for recklessness leading to injury should be steeper for both pedestrians and cyclists. As opposed to cyclist vs. pedestrian, this is an issue of the considerate/well-informed vs. the inconsiderate and ignorant. Fortunately, in my daily experience there are also many of the former, on both sides.

[Leslie Murray-Leung]

The cyclist is definitely guilty as charged. However maybe she should look both ways before she crosses the road.

[Michael]

I fully support this idea. Anyone that uses any type of vehicle on Toronto streets should be licensed. But I don't think cyclist carrying insurance is practical. Maybe it be required at the age of 18. Helmet laws should also be enforced. Too many times have I seen a cyclist without a helmet flying down Yonge St.

[Samantha]

Totally agree with this lady. Bikes are a pedestrian hazard especially when more and more of them are taking to the PAVEMENT because they fear biking on the road. Cyclists feel that the rules of the road don't apply to them and pedestrians don't have the right of way .

Cyclists are riding motorized bikes, e-bikes and souped up road bikes full of metal and speed - all of which when they hit a pedestrian, it's the pedestrian who comes off worst. The fines are ludicrously small for the amount of damage they can do.
They should be licensed and insured just like car drivers.

[Tubbs]

I already have insurance on my bike since it's worth more than Rob Ford's beige minivan. I will be happy to take out a license or pay an extra fee with my driver's license renewal. Or perhaps have my Ontario Cycling Association membership count as a license. What am I getting in return? What cycling infrastructure and what cycling programs will my license fees pay for? Show me the plan for the integrated bike lane / path network. Show me the signaling system for bike traffic. Show me the preferred bike parking facilities. SHOW ME THE PLAN FOR THIS.

[Utah]

She can sue, for her pain and suffering. Insurance and licenses for bicycle riders.....c'mon lady, get real.

Twice she's been hit, and she still doesn't look both ways before crossing the street? I guess she's a slow learner.

[buster013]

I agree completly, bikes ae just as dangerous as cars and need to be insured.

[yesimadr@hotmail.com]

I hope she's going to be ok. The trick to going through red lights on a bike is to do it slowly.

[john]

One rotten apple spoils the whole bunch. Cycling shouldn't require a license, that's just silly, same with insurance; you would be deterring even more people to just go back to using their cars. However, more cyclists need to treat their bike as a vehicle when traveling on the road and respect the law. I can't tell you how many times I've seen other cyclists not stop at signs/red lights and just carry on as normal. Why? You're on a road, you're not surrounded by airbags and crumple zones if you get hit by a 3500lb car. Why should you have the privilege of going through a red light? Don't do it and stop giving those of us who actually follow the rules a bad name. This being said, there's a lot of ignorant motorists and even transit workers who fail to acknowledge bicycles on the road, it will always be a conflicting issue.

[Jason Davis]

As a cyclist I see other cyclists blow through red lights all the time. That being said both Motorists and cyclists flaunt the Highway Traffic Act. And, of course, pedestrians make a sport of jay-walking. But not all motorists/cyclists/pedestrians break the rules. What might work wonders for street civility in this city is a crackdown on all people break the rules; who run reds, who do rolling stops, who jaywalk, who pass without giving adequate space, who don't signal, etc.

[Transity Cyclist]

Pedestrians are hit, maimed, and killed by unruly motorists- They MUST be licensed! Oh wait...

[George]

Getting hit is a terrible thing. Getting hit twice in a year says you should do a better job of looking both ways before you cross the street no matter what colour the light is. The best way to protect yourself is to do just that, protect yourself. Don't think requiring licenses and insurance would have prevented this accident or negligence on the part of the cyclist.

[Eric]

She's probably exaggerating over this situation....

[Colby Rasmus]

Bad luck? Yes.
But to mandate cyclists be licensed and insured..ridiculous.

[Molly]

I feel really terrible about this woman being hurt, but really, licensing cyclists? I'm sorry, I honestly can't see what kind of test would keep cyclists in check in terms of road safety. Perhaps instead, what we should be looking at is strengthening the laws regarding road traffic and the repercussions involved in breaking them. Feel grateful you live in Canada, because if you tried visiting England, you would quickly realize that the car has the right of way-not the pedestrian. You might need to watch when you cross the street more carefully...Novel...

[2much]

I agree; I've never seen so many erratic bicycle riders that don't even pay attn to the traffic signals/signs...i have to look everywhere for a bike coming and they even come riding fast through a green light when you can't see them coming and are about to turn; rude is not the word...

I guess how I was taught to ride a bike is different. Back then you actually had to get off your bike and walk it across the light...!

[Mark]

I feel bad for Emily. I really do. It's a terrible thing to happen. But I fail to see the connection between preventing what happened to her and making people who ride bikes have a licence and insurance. Perhaps it's the idea that, were people on bikes forced to get a licence, they would know that red means stop - but if we assume this, then we must assume that no one (except drivers with licences) know that red means stop. So we'd have to make people who walk get licences too. And don't driver's who have licences still drive poorly and hurt and kill people? How would we licence children who ride bikes? It's quite complicated.
http://www.toronto.ca/cycling/safety/licensing/history.htm

As for the insurance, would that just 'protect' people who ride bikes? They could ride around and if they ran over someone, their insurance will cover it. Wouldn't it actually raise the danger? And, again, how would children fit into this? Or is this just about retribution even though the victim here has an avenue to, and is, pursuing retribution?

Again, I hope Emily is recovering well, but I don't think her ideas for future safety are well thought out. If we're really concerned about safety of citizens, we'd target that mode of transportation which disproportionately hurts and kills people.

[Scott]

While I certainly am sympathetic to Ms. Niedoba and her injuries the suggestion that cyclists be licensed and carry insurance is simply ludicrous. I am not aware of any jurisdiction in the world that does this. Doing so would only diminish the number of riders on our roads and continue the reliance on motor vehicles in our city.
Unfortunately all activities we do have some inherent risk. Cyclists who do not follow the rules of the roads should held accountable for their actions (the fine is in my mind far too low) through the highway safety act that governs bicycles.

[Daniela Anderson]

I recently moved back from downtown Toronto and was awestruck at how aggressive and reckless drivers and cyclists were.

Perhaps this stems from the general unfriendliness of the city; yet, regardless of your own personal opinion, we cannot disprove the increase in incidents involving pedestrian and cyclists--with often catastrophic results for the pedestrian.

Although I do not like make generalities, many cyclists operate in a manner that is ignorant of the law and dangerous for pedestrians.

Such ignorance results in catastrophic injury that could, in many instances, have been prevented if laws had been enacted and strictly enforced.

As a result, legislatures must draft laws that protect the pedestrian and the pedestrian alike. The emergence of a cyclist culture is relatively new and seems to have taken both Toronto and, lawmakers, by surprise. The city must adapt to the times.

Laws pertaining to cyclists must be enacted and regulated. It seems that in light of tragic current events, we have no choice.

[Cyclist for Earth]

Always remember to look both ways before crossing the street :) This lesson is learned by 2 year old children.

[Kristin]

That's terrible. Cyclists need to slow down, pay attention and yield to pedestrians. This is exactly the kind of thing that will happen more often as cycling becomes more popular. It is true that bicycles are not of course in the same category as cars in the danger they create though. Unfortunately despite these 2 accidents of this woman, I cannot support having a whole registration and insurance system for cyclists. There would have to be considerably more evidence of systematic danger before those two things could be justified. And there would have to be evidence that it would be effective and enforceable. Bicycles being as small and nimble as they are, I can't see it working at all. Bicycles need to be brought more into the system with proper infrastructure and the creation of a commuter bicycle culture rather than the counter-culture, speeding-around-like-a-nut-bar culture we get because they are mostly ignored.

[Jamie Sproule]

i have been ran off the sidewalks hit by cyclist but as a pedestrain and a cyclist myself i don't think we should be required to be licensed and have manatory insurance because there are people who just cannot afford it and cannot afford to take public transportation that needs to be able to get around town.

[Oliver]

The cyclist's actions were tragic, but did Emily 'look both ways before crossing the street'? We are taught this from childhood, and it does save lives. Too often we want to legislate rather than apply simple common sense. I know Emily is hurting and it sucks. It also sucks to realize you could have done something simple to avoid it. Personally, I never cross the street until I'm sure every vehicle is slowing down. Mistakes are made. Don't expect a stop sign to miraculously control everyone. They are signs, not mind control devices.

[Ryan]

I have never been hit by a cyclist. Pedestrians should always be aware of their surroundings when they are on the sidewalk or crossing the street. Not to say anyone is in the wrong, but again.. I have never been hit by a cyclist.

[Matthew]

Licensing is probably too much. You can't license adult cyclists and permit youth cyclists to bike on public roadways (it's just illogical and creates a swarm of legal conundrums). Furthermore, the backlash from licensing BIKING of all things would probably deter any politician from doing this. What needs to be done is upping the fines and penalties for poor cycling, and enforcing them.