RCMP were unable to gather enough evidence to lay charges against a driver who struck a cyclist at the intersection of Voght Street and Nicola Avenue.

Const. Tracy Dunsmore said there are still too many questions abut how the cyclist entered the intersection before they were hit by a truck turning right onto Nicola Avenue on Oct. 19.

“I believe he was coming from the 7-11 so my question is did he come out of the 7-11 where the vehicles exit and come down the road where the vehicles drive as a bike is supposed to do under the motor vehicle act? Or did he cut through the parking lot and come through the sidewalk and cross the pedestrian walkway [across Nicola Avenue] that cyclists are not supposed to do.”

Whether or not the cyclist was following proper procedures, Dunsmore said the driver of the vehicle is at fault.

“It is still the responsibility of the vehicle driver to ensure it is safe before he makes the right hand turn,” she said.

Nevertheless, Dunsmore stressed people riding bicycles should ensure they are following the rules of the road. These include not riding on sidewalks, stopping at stop signs and red lights, wearing a helmet and indicating whether you are turning.

“You have the same obligations as a vehicle if you are riding a bicycle and we have had numerous complaints from the public about people riding on the sidewalk, cutting across,” she said. “So it is not always the driver’s fault, or it may be a combination.”