What is the common law duty of a pedestrian to take reasonable care when using a roadway?

British Columbia, Canada


The following excerpt is from Jacobs v Basil, 2017 BCSC 1339 (CanLII):

Pedestrians and drivers owe a common law duty to take reasonable care for the safety of others and themselves when using a roadway: Wotherspoon v. Hameluck, 2014 BCSC 2137, [Wotherspoon], at para. 16.

The standard of care to be applied to drivers is that of a reasonably prudent motorist in light of all the circumstances. Motorists are not required to anticipate all foreseeable road hazards, but only those that are reasonably foreseeable. The standard of care of a driver is not one of perfection, but whether the driver acted in a manner in which an ordinarily prudent person would act: Hadden v. Lynch, 2008 BCSC 295, at para. 69.

A driver’s obligation to take evasive action to avoid hitting a pedestrian only arises when he or she becomes aware, or ought to have become aware, that the pedestrian was not going to obey the law: Beauchamp v. Shand, 2004 BCSC 272, at para. 33.

Other Questions


What is the common law duty of a driver to take reasonable care of others when using a roadway? (British Columbia, Canada)
What is the common law duty of a dominant driver not to exercise their right of way if the result will be a collision which was reasonably foreseeable and reasonably avoidable? (British Columbia, Canada)
What is the range of reasonableness for using the term “reasonable” in a claim? (British Columbia, Canada)
Is limited common property a common common expense of a strata corporation? (British Columbia, Canada)
Is a strata corporation obligated to maintain and repair common property and common assets to a standard of reasonableness? (British Columbia, Canada)
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
What is the test for reasonable use of a strata to repair or maintain common property? (British Columbia, Canada)
What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.