Blocked Bike Lanes & Dangerous Construction Kills Cyclist

Dave Shellnutt

800.725.0754

dave@thebikinglawyer.ca

www.thebikinglawyer.ca

July 28, 2024                                                 

Mayor Olivia Chow & City Council

100 Queen St. W.

Toronto, ON M5H 2N2

Dear Mayor Chow and Cllrs.,

Blocked Bike Lanes & Dangerous Construction Kills

A blocked bike lane and unsafe construction work contributed to the death of a woman on a bicycle this past Thursday on Bloor Street near Avenue Road. This is the 5th cyclist killed in Toronto in 2024, along with 12 pedestrians including a pregnant woman and her unborn child killed 2 weeks ago in a crosswalk. These fatalities stand starkly alongside those of vulnerable road users who escaped death but suffered life altering injuries.  

In this case, the Toronto Star confirmed that the bike lane was blocked without a permit. The bike lane only cleared after a cyclist who navigated around it was killed by a passing dump truck driver. Were the construction company and/or those responsible for this hazard fined or charged?

This shocking example is demonstrative of the City of Toronto’s failure to ensure the safe cycling infrastructure it encourages its citizens to use, remains free from blockages (except in emergency or pre-approved situations).

The added failure to routinely inspect construction sites to ensure safe practices vis a vis members of the public and fine, pause or shut down rule breakers has fostered mayhem on our streets and sidewalks - leading to many injuries and now death. Those that earn record profits from Toronto’s development owe a duty to its residents to ensure their safety is prioritized. The City must be proactive in ensuring they live up to that duty.  

In light of the above, we demand the following:

1. Unsafe construction projects inspected, fined and shut down. Presently there is no inspection or system of accountability. Rather than QR codes or relying on citizens to report via 311, we should invest construction project revenues in a robust mobility squad to routinely inspect construction projects. Further, any construction company that contributes to the death or injury of a passerby should have its City contract(s) revoked until such time as they have demonstrated existing and future projects will meet robust safety standards.

2. Bike lane blockages and bike lane parking must be curtailed, or our infrastructure investments are of little worth. Toronto Police have demonstrated they are incapable of providing this service and suggest the rules do not apply to them. Instead, TPS prefers to hunt cyclists in parks. We therefore demand automated enforcement and citizen reporting with an equity focused lens.

3. Continued development of bike lanes. In June, Council approved a "business as planned" cycling network plan for the next 3 years continuing the same rollout as under Mayor Tory, rather than heeding the pleas of the community and directing staff to come back with a more ambitious vision to meet our road safety and climate action goals. 5 fatalities this year is a wake-up call that "status quo" is not good enough and we must redouble our efforts at expanding safe infrastructure, particularly on Avenue Road and other dangerous hotspots.

4. The City of Toronto, including the Toronto Police must work with community organizations to develop consistent and robust public education campaigns. To combat dangerous driving behaviours and growing anti-cyclist sentiment, these campaigns must focus on the particular vulnerabilities of cyclists and pedestrians. Without buy-in at all levels of government and vocal support of road safety, meaningful change will not occur.

5. Stop watering down Vision Zero road designs to prioritize motorist convenience over safety. In the location where this woman was killed, the cycle track barriers end to create a dedicated right turn lane. This flagrantly defies the core sentiment of Vision Zero, that "safety is more important than any other consideration within the transportation system." Had the barriers extended up to the intersection, it would have been impossible to place a dumpster there at all. The woman and all the deeply traumatized witnesses would have had a normal day and death would have been prevented.

As lawyers for families who have lost loved ones to road violence and those whose lives are forever changed by injuries, we know all too well the enormous cost of inaction. Investing resources in construction site safety and bike lane enforcement pales in comparison to the huge costs and impacts on people and communities navigating the death of loved ones or recovering from serious injury.

Not one more.

Kind Regards,

Dave Shellnutt

Lawyer & Advocate

Cc: City Officials, TPS, community stakeholders, and news media.

STAY INFORMED