Is a pedestrian entitled to assume that the driver of a vehicle has the right-of-way?

British Columbia, Canada


The following excerpt is from Bell v. Thorner, 2009 BCSC 44 (CanLII):

The second often quoted passage is from Cerra v. Bragg (22 April 1980), Vancouver No. B790322, (B.C.S.C.): As I appreciate the result of those cases, it is that where, as here, a pedestrian has lawfully entered a cross-walk, giving him or her the right-of-way, then while that pedestrian is not entitled to make a sudden stop, or accelerate and run, so as to create an unexpected and unavoidable hazard, nevertheless if the pedestrian proceeds at a normal and proper pace, in circumstances where the driver has or should have ample opportunity to see him or her and avoid a collision, then the pedestrian proceeding in that manner, even although he or she may see or ought to have seen approaching traffic, is entitled to assume that such traffic will observe its duty to yield the right-of-way, and the pedestrian is not negligent in proceeding accordingly.

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