What is the test for finding that a collision took place in the crosswalk?
British Columbia, Canada
The following excerpt is from Kerr (Litigation Guardian of) v. Creighton, 2008 BCCA 75 (CanLII):
The finding that the collision took place in the crosswalk was crucial to the respondent’s claim. The respondent had to prove that the appellant was negligent, and that his negligence caused the accident. There is no dispute that the appellant had the right-of-way on Mount Seymour Road, a through street. The question for the trial judge was whether after the appellant became aware, or by the exercise of reasonable care should have become aware, of the respondent’s disregard of his right-of-way, the appellant had sufficient opportunity to avoid the accident of which a reasonably careful and skilful driver would have availed himself. Any doubts should not be resolved in favour of the respondent, “whose unlawful conduct was fons et origo mali” [the source and origin of the evil]: see Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450 (S.C.C.) at 461 (cited by the trial judge at para. 44).
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