Does a driver have an obligation to stop at the scene of a collision when he sees a pedestrian entering the crosswalk?

British Columbia, Canada


The following excerpt is from Davis v Jeyaratnam, 2019 BCSC 1698 (CanLII):

In Dhanoya v. Stephens, 2019 BCSC 723, Justice Dillon dealt with a very similar case involving a bicycle/vehicle accident. The plaintiff, who had been riding his bicycle on the sidewalk, entered the crosswalk on his bicycle without looking for vehicles. The defendant, who intended to drive through that road, saw the plaintiff and braked to avoid the collision. The defendant said that, since the plaintiff “came right out in front of him without stopping”, he did not have sufficient opportunity to avoid the accident (paras. 2-13).

Other Questions


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)
What is the liability of a driver who is not aware of the presence of an intoxicated pedestrian at the scene of a collision? (British Columbia, Canada)
What is the duty of a servient driver in a collision involving a dominant driver to prevent a collision? (British Columbia, Canada)
Does a driver who strikes a pedestrian in a crosswalk have to be solely responsible for the collision? (British Columbia, Canada)
What is the test for a driver who stops at the scene of a collision to obtain the licence plate number of the other driver? (British Columbia, Canada)
Does a plaintiff have an obligation at the collision scene to identify the driver of the vehicle? (British Columbia, Canada)
In a rear-end collision, does the following driver have any responsibility for causing the collision? (British Columbia, Canada)
Is a driver required to anticipate another driver’s actions to avoid a collision? (British Columbia, Canada)
What is the difference between a left turning driver and an oncoming driver in a collision? (British Columbia, Canada)
In what circumstances will a driver be held liable for failing to stop for pedestrians crossing a marked crosswalk? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.