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British Columbia Court of Appeal Confirms New Westminster Pedestrian's Rights

Jeffrey S. Witten, B.A., LL.B.
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Personal Injury Lawyer at McComb Witten Marcoux

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                                                                   NEW WESTMINSTER PEDESTRIAN WINS


Wayne Wilfred Anderson was crossing 12th Street at 5th Avenue in New Westminster on January 9, 2008 and 7:05 a.m.

It was dark out but not raining. There were street lights on 2 of the 4 corners of the intersection.

Wayne was on his way to work and  was wearing a brown leather jacket and beige pants.

He had started out from the southeast corner and wanted to make his way to a bus stopped located on the opposite side of 12th. Wayne started his journey across 12th within the confines of an "unmarked cross-walk". There was a marked crosswalk on the opposite side of the intersection.

A car stopped to let Wayne cross.

When Wayne was roughly at the centre of 12th Ave he changed tack and started to cross on a slight diagonal.

I'll fast forward the tape. A car travelling southbound on 12th St. struck Wayne Anderson.

At trial the judge found the driver of the car 70% responsible and Wayne Anderson 30% responsible for the accident.

ICBC appealed on behalf of the driver.

At the appeal the trial judges decision was upheld.

Why does this case matter ? What's its importance to pedestrians who get injured in car accidents ?

Here goes. At the trial the judge stated:

" When a driver approaches a crosswalk where she has some degree of knowledge and experience that pedestrians approaching the bus stop or the grocery store may be crossing, she should takt eh precaution of maintaining a careful look-out and slighlty reducing her speed. The very presence of the marked crosswalk should have been an indication to her of the possible presence of pedestrians in the area."

The judges in the BC Court of Appeal upheld the trial judges decision in part based on the comments I've just laid out.

And if you ask me, those comments go along way to upholding the rights pedestrians in B.C. to cross the road in safety.


Category: Pedestrian Accidents

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