I was hit by a car while running in a crosswalk – who is at fault?

  • It depends on the facts.  The car could be 100% at fault, or fault might be shared.

Under BC law, a pedestrian has several duties:

  • To yield the right of way to cars when crossing outside a crosswalk
  • Not to leave the curb or other place of safety (like a traffic island) and walk or run into the path of a car that is too close to stop

A driver also has several duties:

  • To yield to pedestrians in crosswalks
  • To exercise care to avoid hitting a pedestrian on the road, whether in a crosswalk or not
  • To refrain from passing other vehicles that have slowed or stopped for pedestrians

In Traynor v. Degroot the pedestrian was running.  She stopped on a corner and waited for traffic to stop so that she could cross.  Traffic stopped, and she jogged across the intersection.  The defendant motorist thought the cars were stopping to turn left, so he moved into the curb lane and passed them.  He hit the runner when she entered the curb lane.

The Court of Appeal held that the motorist was 100% at fault.  The court said that the fact that she was jogging did not make it more difficult for the motorist to see her, and the fact that she was jogging rather than walking did not make her less able to react to an unexpected hazard.

If you have been hit by a car while running, we can help.  Contact us.

Read the case:  Traynor v. Degroot

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