Does a pedestrian need to surrender their right to the road to avoid being struck by a car?
British Columbia, Canada
The following excerpt is from Lemma v Wong, 2021 BCSC 1182 (CanLII):
In Funk v. Carter, 2004 BCSC 866, a pedestrian was attempting to cross an intersection on a dark rainy night. The intersection had marked crosswalks on three sides, but no markings on the side at which the plaintiff crossed. The defendant's car hit the plaintiff while making a left turn through the intersection. The court determined that where a pedestrian has clearly established prior entry into an intersection, they need not surrender it to an approaching vehicle, even when not crossing at a crosswalk. Liability was apportioned 90% to the defendant and 10% to the plaintiff.
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