Most of us do it every day. We walk to work; we run a quick errand; or take the dog out for a stroll. Sidewalks are typically readily available and present very few risks. However, pedestrians can become the unwilling victim of a car accident, at either marked or unmarked crosswalks.
This article discusses specific problems pedestrians face while using the roads. It is meant for both drivers and pedestrians.
While walking on foot can be enjoyable, there is no denying the laws of physics. Pedestrians are at a real disadvantage compared to other road users: they are light and travel slowly. Cars, on the other hand, are heavy and travel quickly in relation to pedestrians. Any impact borne by the victim will be made that much worse because of the disproportionate size, weight, and velocity of the impacting vehicle. This could be a bike, a car, a truck, or a motorcycle.
If you are a pedestrian, what can you do to decrease the risk of a collision? First, take a few extra seconds to cross the street at a marked cross-walk. Pedestrians have the right of way at these intersections when there are no additional street lights directing the flow of traffic.
Unmarked cross-walks also provide a relatively high degree of safety. Make sure to maximize your visibility by making eye contact with drivers as they approach the stop. Second, make sure to perform the pedestrian’s equivalent of a shoulder check when crossing at a place where you suspect a car could make a turn from behind you. The driver may not see you, especially at dusk or at the end of a work day during rush hour. Doing this takes virtually no time and increases your safety once you are “exposed” on the street.
Whatever you do, avoid jaywalking at all costs. Jaywalking increases the amount of time you are on the road as well as the potential for a collision between you and cars coming from both directions.
If you are struck while jaywalking and you bring a claim for personal injuries in BC, you may be found partially liable. The portion of liability attributed to you will be deducted from any dollar amount awarded to you. A 2013 decision from the British Columbia Court of Appeal deducted 30% from the plaintiff’s damage award because he was jaywalking.
Lastly, as a pedestrian crossing the street you need to be aware of both weather and time conditions. A dark, wet road during winter time is more dangerous than a dry road with high visibility on a summer day. As always, drivers should be aware of climactic conditions and change their driving habits accordingly. Both pedestrians and drivers should make eye-contact with each other to communicate their intended use of the road.
It is important to be a conscientious pedestrian or driver when using the road. Distracted walking, i.e. texting while walking, is just as dangerous as distracted driving in terms of the risk of harm occurring. When crossing a street, your full attention should be on what is happening around you, not on your phone or any other personal device. Being aware of the interaction between you and others on the road is a major way to avoid unnecessarily putting yourself and others in harm’s way.
Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.
Follow Coric Law on Instagram at coric.law and on other social media platforms!
