What are the respective obligations of drivers and pedestrians in circumstances where a pedestrian is struck by a vehicle while in a crosswalk?
British Columbia, Canada
The following excerpt is from Olson v. Farran, 2016 BCSC 1255 (CanLII):
In Paskall v. Scheithauer, 2014 BCCA 26, Mr. Justice Chiasson, writing for the majority, considered the respective obligations of drivers and pedestrians in circumstances where the plaintiff pedestrian was struck by the defendant’s vehicle while she was in a crosswalk. On the issue of contributory negligence, after referring to ss. 179(1) and (2) of the Motor Vehicle Act, Mr. Justice Chiasson stated:
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