Jaywalking. We all do it on occasion.
Jaywalking – We walk across a roadway not at an intersection — we “jaywalk.” Most times it is generally safe to do this, there are no consequences to anyone, and we go on our way without thinking too much about what had just happened.
But what happens if a collision occurs?
If a pedestrian is injured after being struck by a car while jaywalking, ICBC will almost always tell you it’s your fault.
But the reality is that the courts do not necessarily split liability that way.
At Brain & Injury Law (Webster & Associates), we have had many clients who were hit by vehicles when they tried to walk across a roadway. Often the injuries are very serious. Sometimes the pedestrian is a child who darts onto a road to chase a ball. Sometimes the pedestrian is intoxicated or ill and not paying careful attention when the collision occurs. Often the results are tragic. However, even if the pedestrian did not pay proper attention and contributed to the collision, this may not be the end of the issue.
The courts require motorists to drive cautiously and keep a lookout for pedestrians, especially for those who may be intoxicated or impaired, or for individuals such as young children, who may not be able to fully look out for their own interests. Even a completely competent adult may not be 100% at fault if the driver (who was paying proper attention) could have stopped in time to avoid a collision.
In a very recent case, called Murdoch v. Biggers, 2012 BCSC 747, a 53 year old woman was hit while running to catch a bus. Even though the plaintiff acted recklessly when running across a Victoria street against a red light, the court found that the driver of the vehicle that struck her bore some of the responsibility. If the driver had kept a better lookout the collision would have been avoided. The court awarded the plaintiff 25% of the value of her injuries.
If you or someone you care about has been seriously injured while jaywalking call us to see whether we can assist you.
Contact us today.
Tel: 604.713.8030
Toll free: 1.877.873.0699
Email: info@braininjurylaw.ca
