Does a plaintiff have right of way through a crosswalk?
British Columbia, Canada
The following excerpt is from Hadden v. Lynch, 2008 BCSC 295 (CanLII):
Plaintiff’s counsel referred me to several other cases involving bikers being hit by cars. In all of those cases, the courts rested liability on a finding that the biker ought to have been seen by the driver. In Niitamo v. ICBC, 2003 BCSC 608, Ballance J. apportioned 85% of the liability to a defendant driver. The defendant hit the plaintiff bicyclist as he was biking across a crosswalk. Ballance J. found that although the plaintiff did not have a statutory right of way through the crosswalk, he was in a well-lit crosswalk where he should have been seen by the defendant. As Ballance J. reasoned, a crosswalk is precisely the place where a motorist could reasonably expect to encounter another user of the road.
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