In what circumstances will a motorcyclist be liable for injuries sustained in a collision with a truck?

In Hurdle v. Clarkston, [1990] B.C.J. No. 2355 (S.C.), the plaintiff and a friend were going one way on motorcycles on a gravel road and collided with a truck coming from the opposite direction. The plaintiff and his friend were each travelling in tracks on either side of the centre of the road and as they approached a gentle hill with a curve to their left at the top, the plaintiff eased his bike to the right, standing on his foot pegs to improve his vision as the defendant’s truck came into view. The impact occurred in the centre portion of the road and liability was apportioned equally between the parties.

In Bearman v. Manchur, [1995] B.C.J. No. 1641 (S.C.), the plaintiff and her friend were riding motorcycles on a dirt road about three miles from their campsite at a B.C. forest service campground when they collided with a pickup truck. The motorcyclists were travelling side by side in the ruts on either side of the centre of the road and as they came to a left-hand curve, the plaintiff slowed down and moved to the right to fall in behind his friend. The defendant came around the corner at 50‑53 km/h and upon seeing the motorcyclists, slammed on his brakes, causing him to lose directional control so that he could not steer away from the motorcycles. The collision occurred at the centre of or slightly to the plaintiff’s side of the road. The parties were held equally at fault for the accident.