In what circumstances will a pedestrian be found liable if he or she is struck by a vehicle while crossing an intersection?

In Funk v. Carter, 2004 BCSC 866, Williamson J. held that where a pedestrian has clearly established prior entry to an intersection he or she need not surrender it to an approaching vehicle, even when not crossing at a crosswalk. In Claydon, supra, Baker J. cited Funk, supra with approval in the context of a case involving a jaywalking pedestrian and a speeding driver who failed to keep a proper lookout. In so doing, she found that both parties were negligent.

Where a plaintiff pedestrian and defendant driver both fail to meet the requisite standard of care and an accident ensues, the court may apportion liability between them. Before liability will be apportioned, however, the defendant must establish that the plaintiff’s fault was a proximate, or effective, cause of the loss: McLaughlin v. Long, 1927 CanLII 53 (SCC), [1927] S.C.R. 303 (S.C.C.).