DriveSmartBC - Dangerous to be a Pedestrian
 

Right or wrong, the pedestrian is always the loser in a collision with a motor vehicle. Nowhere in British Columbia is that more apparent than in Vancouver. So far this year, the pedestrian death count has already exceeded that of the entire year of 2010.

How can this be? One would think that crossing the street can't be that difficult, can it? Take out your earbuds, put down that texting device and hang up your cell phone, you're going to need to pay attention to this, just like you need to pay attention when you cross.

Use a crosswalk, take advantage of traffic signals, walk don't run, look everywhere, make eye contact, wait until everyone stops, watch the turning lanes, point your way to safety, look in all directions, especially when you are crossing multiple lanes, keep looking, look again, hold children's hands and don't walk if it looks like they won't stop!

Whew, that is a lot to remember after all! But, worthwhile to practice each and every time you cross. The alternative is not making it to the other side or making it anywhere ever again. Your life is worth the effort.

Reference Links

I wouldn't mind a law imposing fines on people who cross the street while texting/looking down at a mobile device.

Happens way too frequently.
Posted via RS Mobile

Rights of way between vehicle and pedestrian

179 (1) Subject to section 180, the driver of a vehicle must yield the right of way to a pedestrian where traffic control signals are not in place or not in operation when the pedestrian is crossing the highway in a crosswalk and the pedestrian 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.

(2) 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.

Crossing at other than crosswalk

180 When a pedestrian is crossing a highway at a point not in a crosswalk, the pedestrian must yield the right of way to a vehicle.


I have charged pedestrians for these offences. If I had to slow down or stop for them they got ticketed.


I was out with a new driving student a couple of days ago. We were stopped at a red light waiting to turn left. I saw an adult female pedestrian at the curb opposite our car and saw that she had headphones on and was texting. The light turned green and she stepped off the curb and onto the crosswalk. She was walking against the do not cross light as she was so involved in her music and texting that it never crossed her mind to look to see if it was safe so she could cross. I grabbed the horn and blasted her for about 5 seconds until she stopped, looked up and went back to the curb, allowing us to safely continue our turn. I told my student to use the horn to communicate with people who are not paying attention. I also told him that had she not stopped we would have had to yield to her for her safety.

if the worst case scenario does happen - how does ICBC view it? Is the driver always at fault?

And legally speaking, once they set foot onto the crosswalk (meaning off the curb?) and they are on my side, I have to stop for them regardless of whether they are doing it on the correct signal or not?

Pedestrian controls

132 (1) When the word "walk" or an outline of a walking person is exhibited at an intersection by a pedestrian traffic control signal, a pedestrian may proceed across the roadway in the direction of the signal in a marked or unmarked crosswalk and has the right of way over all vehicles in the intersection or any adjacent crosswalk.

(2) When the word "walk" or an outline of a walking person is exhibited at a place other than an intersection by a pedestrian traffic control signal, a pedestrian may proceed across the roadway in the direction of the signal and has the right of way over all vehicles.

(3) When the word "wait", the words "don't walk" or an outline of a raised hand are exhibited at an intersection or at a place other than an intersection by a pedestrian traffic control signal,

(a) a pedestrian must not enter the roadway, and

(b) a pedestrian proceeding across the roadway and facing the word "wait", the words "don't walk", or an outline of a raised hand exhibited after he or she entered the roadway(i) must proceed to the sidewalk as quickly as possible, and

(ii) has the right of way for that purpose over all vehicles.


Duty of driver

181 Despite sections 178, 179 and 180, a driver of a vehicle must

(a) exercise due care to avoid colliding with a pedestrian who is on the highway,

(b) give warning by sounding the horn of the vehicle when necessary, and

(c) observe proper precaution on observing a child or apparently confused or incapacitated person on the highway.

The pedestrian must obey the do not cross sign, the driver must "exercise due care to avoid colliding"

If i was investigating the crash I would likely ticket the pedestrian for disobeying the do not walk light. If the driver made reasonable efforts to avoid the pedestrian then I would NOT ticket the driver. ICBC does things in their own way. I charged cyclists who got hit on a crosswalk when the rode right out in front of a car and ICBC wanted to know why I didn't charge the driver for failing to yield to a pedestrian
I suggested they look up the MV Act concerning definitions of pedestrians and the laws forbidding cyclists to ride on sidewalks and on crosswalks. I also told the driver he may want to talk to a lawyer if they found him at fault and said I would appear to testify on his behalf. I never testified.