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07/28/2011

Cyclists need to be licensed, says injured pedestrian

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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. Toronto-20110605-00014

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

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I have been cycling in this city for the past 15 years, I have a lot of experience and knowledge on how to bike by following the rules and staying away from the sidewalk and I have NO problem in calling on the horrible cyclists I see in our streets. Those idiots are not real cyclists, real cyclists are those who obey the signs, and give maximum priority and respect to pedestrians. If you are a real cyclists make sure you let those poser cyclists know that whenever they do something stupid they are hurting all the good people who have fought hard through the years to try and make this city a friendly place to bike. I despise those cyclists because they make my 15 years of respecting the rules, helping the environment, decreasing congestion by not driving and never being in an accident seem to have been all in vain.

This is really unfortunate. I live in greektown and the other day I saw a cyclist almost mow down someone crossing the street DURING the cross walk sign. The cyclist blatantly just rode across and then proceeded to get into an altercation with the pedestrian, telling the pedestrian he had enough room.

It's tough because we can't say that all cyclists are bad to have on the road, but those that are ruin it for the rest of them (as with many things). These days I am extra careful to make sure that both cars AND bikes are stopping before I cross the road, but even that isn't failsafe.

I'm an avid biker in the suberbs, but I just can't handle it here. This city just isn't made for biking. I also get extremely nervous around bikers while I'm driving, because you just don't know when they decide not to follow the rules of the road.

How come the cyclist wasn't interviewed for this piece.

Then give cyclists lanes and signals. It's a shame that this happened, but when cars kill pedestrians and cyclists, and completely disregard cyclists on a daily basis, it doesn't make the news. When I've been cut off by cars and hit by them, it didn't make the news. Licensing will do absolutely nothing. Liability is just that.

And since fights break out on Yonge Street, perhaps pedestrians should be insured as well, and provide licenses to walk the streets? I'm not denying your frustration and the responsibilities of cyclists. But licensing won't do a thing.

Gee, I wonder what the charge would have been if was a motorist that did the same thing. I think cyclist get of way too easy, too often. It is time to make and example of them for the flagrant disregard of the rules of the road. He should be charged as if he were a motorist.

Absolutely, we need to license and regulate cyclists. They are a scourge upon the city. We also need to license and regulate pedestrians. I've been knocked over by pedestrians talking on their cell phones and not watching what they were doing. I've seen them walk out onto the street into oncoming traffic nearly causing a massive car crash as a result. Yes, clearly the solution to all of our problems is more government intervention, and more licensure.

How is this any different than randomly swinging a baseball bat on a busy street and hitting someone with it? Car, bike, or baseball bat; sounds like assault with a weapon if you ask me.

I still can't figure out why more serious charges weren't laid against this cyclist. (having said that, at least he remained at the scene unlike the earlier collision). More proof cyclists and bicycles need to be licensed, the same way we put license plates on cars so police can identify them ... while cyclists like these need to learn how to ride safely!

P.S. (in my haste, I forgot to add - I was worried sick when the initial accident happened, and I'm thankful Emily is recovering ... albeit slowly ... best wishes)

I used to be a serious cyclist in the city here. I was cycling the week Mayor Mel brought in the army to shovel us out. It doesn't get more serious than that. I now drive mostly, a car and a motorbike but, still love cycling. I put my question to the cyclists. How do we control the arrogant, stupid, out-of-control, unsafe cyclists out there??? I really want to know. For drivers it's simple. Not all drivers are crappy but, stuff happens so ALL have liability insurance. To keep track and identify vehicles we ALL have to have license plates. I wouldn't propose licensing cyclists because it seems just too much to deal with. Plates, liability insurance?
One thing I would propose is increased policing for dangerous cyclists.

Unfortunately, most cyclists just don't care. They believe the rules don't apply to them. I feel sorry for this woman and hope she is compensated appropriately for the damage this cyclist has caused.

As much as the cyclist should be held accountable, pedestrians in this fine city are oblivious to there surroundings regardless of the situation. People need to wake up and smell the coffee especially when crossing streets. If you don't pay attention for your own safety, don't expect someone else to. I was taught that you need to know your surroundings at all times.

I in no way condon the running of a red light by cyclists. However licensing them etc. is over the top. We need more cyclist not less. Licensing them will not stop some cyclists from breaking the law. Just as some motorists run red lights and break the law. Pedestrians also need to pay attention to what is around them. They need to be aware . Too many pedestrians take it for granted that they can blindly cross the road with impunity. I am a pedestrian , motorist and cyclist...I pay attention to what is going on around me. I have had pedstrians blindly step off the curb in the middle of the block into the path of my bicycle...fortunately because I pay atttention and do not submit to the 'I am in the right to hell with you syndrome' I have avoided hitting them. It is unfortunate that Ms. Niedoba was hurt. Being hit twice by a cyclist in12 months I suggest Ms. Niedoba pay more attention, and possibly less texting etc. while walking.

Sadly, it will likely take a pedestrian fatality before any government actually gets up off their behind and does something.
The absolute worst offenders are the "Electric Scooters" with riders with no insurance, no licence, no idea of the rules of the road and no responsibility for their actions. Yet they're classified as bicycles and run amok on both roads and sidewalks. Even a most cursory look will see that the great majority of them have illegally removed the pedals.... yet this is still a bike???
I pray that Emily has the strength and resources to sue the pants off this rider. Maybe a couple of hundred thousand dollar judgement, loosing his home and bankruptcy will make cyclists think of their responsibility to other citizens in society.

This is the most ridiculous thing Iv heard all week! Every teen who rides a bike to school over 16 will be subject to bike insurance? goodluck! it may be badluck, or a lack of spatial awareness by this woman aswell. Just reading her idea provokes me to think, she has none worth listening to.

I completely agree with Ms. Niedoba. I have been hit myself by a cyclist while on a busy sidewalk.

Licencing and insurance would help make cyclist take the privilege of cycling a little more seriously.

Damn right! Cyclists should be forced to carry accident/liability insurance. They should also be made to have some sort of "license" plate visible as well. It is for their protection as well as motorists and pedestrians! If they knew they could be identified easily, the ones that flout the traffic laws may start obeying them! I say "may" because the majority of them could always claim it wasn't them riding the bike!

We should also license all joggers, rollerbladers, and old ladies in motorized carts as they also carry velocity and some of them can weigh a lot. While we're at it lets have a long knife registry and lets toss some more money down the drain because 3 people were hurt in the past 4 years by cyclists.

What a whiner. If it's pure bad luck then actually it doesn't say anything about our city. It says you need to look both ways before crossing the street.

Maybe something like the Boat Smart program would be appropriate for cyclists. There's no reason to make it as onerous and costly as motor vehicle licensing, especially when so many cyclists already have driver's licenses.

I'd like to see the age requirement for a bike license to be 12 though. Let people get licensed on bikes before getting their driver's license, and maybe offer a discount on fees for people who have already had a bike license for two years or more.

Fines for traffic infractions on bikes should be much, much greater, especially if someone is injured.

She might be able to avoid being hit if she looked both ways before she steps out into the street? I've been doing this since I was a child and have never been hit....just seems kind of obvious to me.

A pedestrian bumped into me yesterday. Why don't we license them, too?

So what about when I take my toddlers out on a bike at the park, license and insurance for me as well? When will people realize that the ONLY way to be safe is to keep your head up, always look both ways, never assume anything, and always think you will be taken out (especially at an intersection).... Once again, folks think that others are responsible for their safety. Take out the earphones, look up from texting, those 2 actions will increase your safety by 80%.... PERSONAL DILIGENCE is the only solution!

They need a lot more than licenses and insurance. They need to be required to wear flourescent vests so they can be seen; running lights the same as any other vehicle on the road; driver education to get the license; required and enforced to abide by the laws of the road like any other vehicle; and restricted to roads under 70 km per hour. The people responsible for regulating this disasterous environment seem either oblivious or too stupid to realize that you can not mix bycycles with pedestrians or cars. You're only asking for trouble.

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