Toronto Cyclist Sues Police for Alleged Anti-Cyclist Bias After Dooring Incident

A Toronto cyclist has initiated legal proceedings against the city's police department, alleging an incident where a police officer opened a car door directly into their path, leading to a collision. The cyclist sustained injuries and was subsequently ticketed by the officer, who cited excessive speed and lack of a helmet as contributing factors. The cyclist's legal representation claims this situation exemplifies a clear prejudice against cyclists within the police force, drawing attention to the broader issue of equitable treatment for vulnerable road users.

Legal Action and Allegations of Bias

A Toronto cyclist is pursuing legal action against the city's police force, contending that a police officer's actions led to a collision and subsequent unfair penalties. The cyclist's lawyer points to an incident where an officer allegedly opened a car door into the cyclist's trajectory, resulting in a serious hand injury. Despite the nature of the collision, the cyclist was then cited for riding too fast and not wearing a helmet. This series of events forms the basis of the lawsuit, with the legal team arguing that the police officer exhibited a clear anti-cyclist bias, an assertion supported by a previous similar incident involving the same officer. The case underscores the challenges cyclists face in navigating urban environments and seeking justice when conflicts arise with law enforcement.

David Shellnut, a specialist in cycling personal injury law, is representing the cyclist involved in this 'dooring' incident from last July. According to Shellnut, his client suffered a significant hand injury when a police officer opened a car door directly into their path. Following the collision, the officer reportedly issued tickets to the cyclist for "riding too fast for the conditions" and for not wearing a helmet. Shellnut emphasizes the peculiar nature of the helmet citation, noting that Ontario law does not mandate helmet use for individuals over 18 years old. This isn't an isolated event, as Shellnut claims the same officer issued a helmet ticket a year prior in a separate incident where his client was injured by a driver cutting across a bike lane. The lawyer asserts that the Highway Traffic Act clearly places responsibility on the person opening the car door in such circumstances. Shellnut has expressed his client's dismay, stating, "It's really upsetting to my client, and I think to cyclists across Toronto, that there's an officer out there with a clear anti-cyclist bias." He further indicated that a formal complaint against the Toronto police force might also be filed, aiming to address the perceived bias and foster greater support for injured cyclists.

Calls for Fair Enforcement and Systemic Change

The lawsuit brought by the Toronto cyclist aims to address not only the immediate incident but also to highlight a perceived systemic bias against cyclists within the police department. The cyclist's lawyer has vocalized the need for unbiased enforcement of traffic laws and a more supportive approach towards vulnerable road users. This case resonates with previous incidents, such as a 2018 event where a police officer 'doored' a cyclist, causing injury, yet faced no charges. Such outcomes, according to road safety advocates and legal experts, send a detrimental message regarding cyclist safety and accountability, emphasizing the urgency for a comprehensive review of policies and attitudes to ensure equitable treatment for all road users.

Lawyer David Shellnut has articulated a broader objective beyond the individual lawsuit: to challenge and rectify what he perceives as a pervasive anti-cyclist bias within the Toronto Police Service (TPS). He stated, "We want the bias addressed, and we also want to tone down the rhetoric of enforcement against cyclists. We want TPS to support injured people." While acknowledging that some individuals within the TPS, particularly hit-and-run detectives and traffic services personnel, perform exemplary work in assisting injured individuals, Shellnut's primary concern remains the overarching approach to cycling incidents. This sentiment is amplified by past events, such as the 2018 case where a Toronto police officer caused a cyclist's wrist to break by opening a car door into their path. Despite the injury, the officer did not face charges after an investigation by the Ontario Special Investigations Unit (SIU). Road safety advocate and injury lawyer Patrick Brown critically remarked that this decision conveyed a "very poor message" about cyclist safety, a view echoed by a Cycle Toronto spokesperson who expressed alarm at the lack of charges. These instances collectively underscore the ongoing struggle to ensure fairness, accountability, and a supportive environment for cyclists in Toronto.