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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 12-03-2009, 09:11 PM   #1
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Pedestrian "Don't cross" sign

If a car strikes a pedestrian in a crosswalk where the pedestrian is crossing on a "don't cross" sign, who is liable?

I would imagine it would depend on the situation, if the pedestrian was clearly visible or if the road parallel to the crosswalk had a green light.
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Old 12-03-2009, 10:37 PM   #2
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essentially, the ONLY time a pedestrian is ever liable is if:

The pedestrian does not have right-of-way to cross *AND* crosses in front of a vehicle so that the vehicle cannot stop in time.

Even if the pedestrian is crossing illegally, you must let them cross if you can stop in time. (can you say, main & hastings)

Now, whether or not the vehicle 'could have' stopped in time or not, will be a pretty freakin' subjective argument, and the fact that the pedestrian was crossing illegally will not help the pedestrian's case.
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Old 12-03-2009, 10:47 PM   #3
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same goes for jaywalkers, freakin annoying running across the street when there's traffic

my pet peeve is when at night time, not only they jaywalk but they are all dressed in dark clothing
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Old 12-04-2009, 09:52 AM   #4
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I have a friend who would have had a perfect road test, but the examiner docked 10 points off him for stopping for a jaywalker. He was pissed because he would have hit the guy if he didn't stop. He felt that the examiner put it down just so it wouldn't be perfect. I told him to be happy he passed cause no one cares if it was perfect or just barely passed, he'll get his license either way...haha.
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