What is the test for a motorcyclist who loses control of his bike on the road?

British Columbia, Canada


The following excerpt is from Biggar v Enns, 2017 BCSC 2290 (CanLII):

The defendant also relies on Brooks-Martin v. Martin, 2011 BCSC 194. That case involved two motorcycles. An important difference from the facts before me, however, is that while they were driving in a staggered pattern, they were only about four to six feet apart. Thus, when the defendant had to take evasive action because of sand on the road surface, his rear wheel skidded as he moved to the left. That required him to steer right in order to gain control of his motorcycle. In doing so, he travelled across the lane in the path in front of his wife. He was able to straighten out the path but her bike fell. She argued that he was negligent for driving directly into her path of travel without signalling or warning of any kind. The husband argued that she failed to keep a proper lookout because she was following too closely behind him.

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