Over the past weekend, news reports indicated that there was at least one pedestrian fatality and another pedestrian sustaining serious injuries in Vancouver. The rules governing the right of way between a pedestrian and a car are set out in Part 3 of the Motor Vehicle Act (the "MVA").
If a pedestrian is crossing a street at a point not in a crosswalk, or what is commonly referred to as "jaywalking", section 180 of the MVA says that the pedestrian must yield the right of way to a vehicle. However, there is also section 181(a) of the MVA that says that despite the right of way of a vehicle, a driver of a vehicle must exercise due care to avoid colliding with a pedestrian who is on the highway, give warning by sounding the horn of the vehicle when necessary, and observe proper precaution on observing a child or apparently confused or incapacitated person on the street.
If a pedestrian is crossing at an uncontrolled crosswalk, or one where there are no traffic lights or crossing lights, section 179 of the MVA says that the driver of a vehicle must yield the right of way to a pedestrian who is on the half of the highway on which the vehicle is travelling, or is approaching so closely from the other half of the highway that he or she is in danger. This right of way is qualified somewhat by section 179(2) that says that a pedestrian must not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way.
There are other sections that come into play, but these are the main ones. No one needs to explain the disadvantage that a pedestrian has when they are involved in a collision with a vehicle. The physics are clear. While these sections are designed to spell out the rules for drivers and pedestrians to follow, they offer no real protection to a pedestrian. If you or a family member have been injured in a pedestrian motor vehicle collision, the ICBC claim lawyers at Becker Lavin & Wessler can help you put your life back together.
Labels: accident, collision, crosswalk, injury, pedestrian, Vancouver
