We were prepared to defend our client because the accident was caused by the plaintiff, who rode her bicycle on the pedestrian path in the opposite direction to the traffic flow. However, such a strategy would have likely resulted in the finding of some liability against our client. While the plaintiff contributed to the damages, the quantum of the damage would likely not have been zero.

Section 192 of the Highway Traffic Act places liability for such accidents on the driver, the
lessee, and the owner of the vehicle. Our client, as the driver, was liable. However, the
lessee of the vehicle was also liable. In this case, the lessee did not carry third party
liability insurance. The lessor was also liable. Fortunately, the lessor did carry third party
liability insurance. At the end, the lessor’s insurance company negotiated a modest
settlement.