Can a contributory negligence be found in a case where a pedestrian was struck by a car while crossing the road?

Contributory negligence can be found in such cases because the person having the statutory right-of-way must nevertheless proceed with due care. Taschereau J. in his dissent in Walker v. Brownlee states the right-of-way conferred by statute is not absolute. However, the majority decision in that case and others makes it clear the onus is on the driver without the statutory right-of-way to show how reasonable care would have prevented the accident and this must be done in the face of the dominant driver’s right to expect a clear path and his right not to have to watch out for crossing vehicles. Only when he actually becomes aware of such a vehicle must the dominant driver then take whatever action is reasonable to try to avoid an accident. As Rand J. stated in Walker v. Brownlee at p. 455: ...he was assuming that his right-of-way, clear under any interpretation of the statute, would be respected and it was not. The most that can be said is that the accident might have been avoided: but that is not enough...[Emphasis added]