When a driver approaches a crosswalk, does the driver have a heightened duty of care?
British Columbia, Canada
The following excerpt is from Kaiser v. Williams, 2015 BCSC 646 (CanLII):
Under the common law, where a driver approaches a crosswalk he or she does so under a heightened duty of care, given the potential risk created by a pedestrian crossing of a roadway. This was addressed in Niitamo v. Insurance Corporation of British Columbia, 2003 BCSC 608, where the plaintiff was struck and injured while riding his bicycle through a marked crosswalk at an intersection between two arterial highways. Ballance J. wrote at para. 22:
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