What is the effect of a marked crosswalk on a pedestrian crossing?
British Columbia, Canada
The following excerpt is from Kaiser v. Williams, 2015 BCSC 646 (CanLII):
Similar comments were made by Russell J. in Anderson v. Kozniuk, 2011 BCSC 1678, aff’d 2013 BCCA 46, where she reasoned that “[t]he very presence of [a] marked crosswalk should [be] an indication to [a motorist] of the possible presence of pedestrians in the area” (at para. 69).
As noted at the outset of these reasons, the starting point for the analysis of the issue of liability is the determination of who had the right of way (Enright v. Marwick at para. 22).
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