In what circumstances will a driver be held liable for failing to stop for pedestrians crossing a marked crosswalk?
British Columbia, Canada
The following excerpt is from Mitchell (Guardian ad litem of) v. James, 2007 BCSC 878 (CanLII):
In Lungu v. Popatia, [1998] B.C.J. No. 731, a pedestrian was struck while crossing the street outside the marked crosswalk. Notwithstanding the pedestrian’s statutory duty to yield to the right-of-way of the defendant’s motor vehicle, liability for the accident was found against the driver for failing to be more vigilant and for looking only straight ahead rather than looking at what was happening in the lanes to either side of him.
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