The goodfirm ICBC lawyers want to explain a recent car accident where a woman was struck at an unmarked intersection and found partially responsible. In Olson v. Farran, 2016 BCSC 1255, Mr. Justice Pearlman for the British Columbia Supreme Court found a plaintiff partially at fault for a crosswalk accident.
Ms. O was walking to work when she was struck at an unmarked road crossing at a roundabout and ended up on the hood of the defendant’s car. At the time, the plaintiff had been talking on her cellphone. The defendant alleged that Mrs. O was also at fault for the accident.
In assessing whether the plaintiff was also at fault, Mr. Justice Pearlman reviewed Motor Vehicle Act and the law on obligations of drivers and pedestrians in crosswalk accidents.
He noted four cases that dealt with liability of a pedestrian.
After reviewing the authorities, Mr. Justice Pearlman found that the defendant was negligent in entering the roundabout intersection without paying enough care and attention for pedestrians crossing her path. However, he also found the plaintiff negligent as she had failed to check whether the oncoming traffic in the roundabout was a risk to her safety before she entered the unmarked crosswalk. Mr. Justice Pearlman also found that the plaintiff was distracted by her phone conversation, even though it she was speaking through ear buds. Ultimately Mr. Justice Pearlman found the defendant 75% at fault and the plaintiff 25% at fault and awarded $92, 874.24 for her injuries.