CASE LAW - Link v ICBC
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Peter Link was driving to White Rock from Richmond on an evening with 2 to 3 inches of new snow. On highway 99 between the highway 10 and highway 91 exits he was passed by an unidentified SUV. The SUV moved into Link's lane after passing at such a short distance that his windshield was completely covered by snow thrown up by the SUV's wheels making it impossible to see.

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Cyclists are entitled to their share of the highway, just as motor vehicle drivers are. When they are overtaken by a motor vehicle, it is the driver's responsibility to pass the cyclist safely. It is not the cyclists responsibility to get out of the way of the driver if the cyclist is legally occupying the lane.