Mysterious crash leaves cyclist with brain injury, no recollection — and no compensation

A cyclist who sustained 'significant' head injuries following an alleged hit-and-run has had his case against ICBC dismissed in B.C. Supreme Court.

According to the court ruling, a witness saw Matthew Eric Salo and his bike "in mid-air" behind an SUV at an intersection on Salt Spring Island in July 2014.

The SUV then left the scene of the collision as the witness ran to help the cyclist.

"All of a sudden, there's this bike in the air with a body atop it," said a witness, only identified in court documents as Mr. Cunningham.

Salo was immediately knocked unconscious and has no recollection of the event. He sustained serious head injuries and was hospitalized for over a month. The motorist was never identified.

Salo filed a claim against ICBC, seeking compensation for his injuries.

However, even though ICBC acknowledged the incident had taken place, the Crown corporation was able to have the case dismissed this week after a judge ruled Salo couldn't prove with certainty who was at fault.

'It could go either way'

According to personal injury lawyer Erik Magraken, collisions where someone sustains significant head injuries can be particularly problematic as the claimant cannot recall the events that took place.

"That's one of those cases where you're presented the facts [that] it could go either way," said Magraken.

Magraken says it's quite possible Salo was at fault, but the fact the vehicle fled the scene is particularly curious — and often an indicator of driver carelessness, depending on the judge.

"Why would that motorist flee after this violent event? ... That might be an inference of negligence."

Magraken says cases like this are common and often come down to the discretion of the judges — and it doesn't always work out in the cyclists favour.

"Unfortunately, when you have one of these draw situations, 50/50, its a dismissal because the plantiff that's advancing the case has the burden of proof."