Call

Blog

Law
02

Blog

Toronto Trail Guidelines Should Have Saved Xavier Morgan

This may seem to be about a basic barrier on the side of a path but this fight is to ensure our children and all vulnerable road users have safe roads or paths to ride on.

The Martin Goodman Trail is one of the many multi-use trails within Toronto that offers all people the ability to enjoy bicycling without having to share the road with cars. To ensure the trails are safe, the City instituted a Steering Committee and Technical Advisory Committee to put together a comprehensive set of trail guidelines. The Toronto Multi-Use Trail Design Guidelines are consistent with City, Provincial, North American and International best practices.

Martin Goodman Trail Toronto

One of the guidelines pertains to the area where young Xavier was killed.

Guideline 6.4.1 “Trails Adjacent High Volume or High-Speed Arterial Roadways” addresses precisely what should have been done in the area where this unfortunate and tragic event took place. In fact, the photo used within the Guideline is that of the Martin Goodman Trail next to Lakeshore Road. Any road where the speed is 60 km or more or has four or more lanes is caught by this section. Lakeshore is not only a 60 km zone, it is six lanes and a major commuting artery into the City.

Unlike having the grass separation used in the Guideline photo above, the portion where Xavier was killed had a very small distance, approximately one-meter, between the path and the cars.

Bike Law Canada - Martin Goodman Trail Toronto

Part of the problem is that the grass or corridor separation is not attainable due the legion hall that lies next to the Trail. Therefore the Guideline states specifically, “Where an appropriate distance cannot be achieved, guide rails and a physical separation such as a fence or landscaping are recommended.” In this case, none of these exist in this portion of the Trail. The intent is obvious. Keep car drivers from entering the trail [rail] and keep cyclists from entering the road. Any safety design must be taken into account the frailties of the human condition including health related issues, inattention, or simple mistakes.

There has also been some recent discussion that the Martin Goodman Trail is not a place for children. The Trail Guidelines themselves state at 1.2, “All people are welcome on Toronto’s Multi-Use Trails regardless of ability.” Later in section 3 it states, “Providing trails that are inviting and safe for all users of all ages, skills and comfort levels should be the priority for designers.”

We fight this fight to ensure our children, and all vulnerable road users have safe roads or paths to ride on. “Providing trails that are inviting and safe for all users of all ages, skills and comfort levels should be the priority for designers.” Now, we must backup these priorities with a budget that ranks human lives over everything else. The time for action is now.

Credit: Featured photo – Bike Law Canada, 2nd photo – Toronto Multi-Use Trail Design Guidelines

Comments

Contributory negligence Bike crash
Ann Groninger May 08, 2021

If you’ve met me, you’ve heard talk about contributory negligence many times, including here and here and here. My vocation and my passion as a bike crash attorney is representing injured bicyclists and families of bicyclists who have been killed by careless drivers. Contributory negligence severely impairs the right of these individuals and bicyclists to […]

Read More
Asian-American Triathlete
Rachael Maney May 04, 2021

Bike Month 2021 is setting the bar pretty high. Two days ago, Sika Henry became the first Black woman to earn her pro card in the sport of triathlon. And today, Bike Law and I are honored and excited to announce our sponsorship of the only Asian-American racing on the professional triathlon circuit, Clarice Chastang […]

Read More
Cycliq video close call
Rachael Maney Apr 22, 2021

FOR IMMEDIATE RELEASE: April 23, 2021 Jon Korin, President Bicycle Advocates for Annapolis & Anne Arundel County (‘BikeAAA’) 443-685-4103, [email protected]   Rachael Maney, National Director Bike Law 410-382-7803, [email protected]   DRIVER CONVICTED ON CYCLIQ VIDEO EVIDENCE Christopher Lee Bradshaw of Lothian, MD was convicted of violating Maryland’s 3-foot bicycle passing law and negligent driving on […]

Read More
cycling friendship
Ann Groninger Apr 21, 2021

Cycling friendships are wonderful benefit to our sport and community.  A major part of our work as bicycle “accident” lawyers means putting a value on losses that our clients suffer as a result of injures from crashes. When it comes to past and future medical expenses, lost income and other financial losses, the job is […]

Read More
Contributory Negligence
Ann Groninger Apr 08, 2021

There is finally a positive development in the fight against Contributory Negligence in North Carolina. Last week a bill called the “Victims’ Fair Treatment Act” was filed in the North Carolina Senate. If passed, the bill would finally bring North Carolina into line with all but 3 other states by eradicating this deeply unfair law. […]

Read More
Bike Shop with wheels
Danny Feldman Apr 04, 2021

Birmingham is blessed to have a number of great bike shops.  Two of these shops, although very different, are the focus here.  Future blog posts from Bike Law Alabama will focus on some of the other great shops in Birmingham and throughout Alabama. A NON-PROFIT BIKE SHOP: REDEMPTIVE CYCLES Why choose Redemptive as your Bike […]

Read More
Dooring of bicyclist
Charlie Thomas Mar 24, 2021

Buena Batiste did not plan to be “doored.” She was knocked off her bike by a car door and then yelled at by the woman who opened it. Fortunately, we were able to take Buena’s dooring case to trial and win. And in doing so, we set a new precedent for bicyclists who suffer a […]

Read More
Bike Hand Signals
Peter Wilborn Mar 12, 2021

Before you get a driver’s license, you typically have to take a test that demonstrates your understanding of the rules of the road. This includes the importance of signaling your intentions when you are turning or changing lanes. Across the United States, bicyclists are required to use signals to let others know what they plan […]

Read More
Ash Our Streets
Daniel Brazil Jan 13, 2021

As a Minneapolis-based attorney, I live, work, play and bike in the city. Although my city might be known for its lakes and our infamous Juicy Lucy, Minneapolis’ dedication to having safer streets for all should be included in that list. To reach the safe streets goal, numerous non-profit organizations and groups are working tirelessly […]

Read More
Load More