How have sections 180 and 181 of the Rules of Civil Procedure apply in a collision involving a pedestrian and a driver?
British Columbia, Canada
The following excerpt is from McDonald v. Klassen, 2005 BCSC 1188 (CanLII):
Sections 180 and 181 apply in the case at bar. As well, both the pedestrian and driver owed common law duties: the plaintiff, as a pedestrian had a duty to take reasonable care for her own safety and the defendant, as driver had a duty to exercise due care to avoid a collision with a visible pedestrian. The duties owed by one are not greater than those owed by the other. The question of degrees of fault if these duties are breached can only be resolved based on the evidence as a whole. See Liston v. Striegler, [1996] B.C.J. No. 1408 (C.A.), at para. 14.
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