Pedestrians

"Excuse me? There is no wrong side of the road for pedestrians." This is the gospel according to @alaskanmind in a conversation I was involved in on Twitter this week. "It is a drivers legal responsibility to drive with due care and attention, meaning they are solely responsible." Here's an example from our courts where this view is shown to be incorrect.

When the drivers stop to give a pedestrian in a crosswalk the right of way, unless there is a compelling reason not to, the pedestrian should take it and proceed. Yesterday I stopped along with the driver to my left to enable a man standing in the middle of 4 lanes of traffic to cross.

I grew up in a small town 50 years ago where the residential street we lived on was treated as an extension of the front yard by all the kids in the neighbourhood. Playing in the street was normal. We all met there to ride bicycles, play 500 up, street hockey, kick the can and almost everything else that we wanted to do.

Not all collision litigation resulting from crashes on our highways involve motor vehicles. In this case, the collision occurred between Rosario Perilli, a jogger, and Wendy Marlow, a 10 year old youth riding a bicycle. Mr. Perilli fell to the ground in his attempt to avoid the collision and suffered injuries, including one to his shoulder that required surgery to repair.

My question regards the right of way of pedestrians who are in the roadway illegally, i.e. they have disobeyed a control signal or have failed to yield to traffic as per section 180. The thought came to me after watching this clip from the United Kingdom, intended to illustrate proper horn use:

A pedestrian pushing a child in a stroller and the driver of a van approach an intersection controlled by a traffic light with a pedestrian signal. Both the traffic light and the pedestrian signal are red. The driver is in the lane next to the pedestrian who arrives at the cross street and stops seconds before the driver arrives at the stop line.

I was a bit taken aback after reading a discussion on Twitter the other day. The conversation was between a driver and a pedestrian who seemed to hold opposite points of view. The pedestrian felt that they should not have to wear reflective clothing and carry a flashlight to be seen at night.

NHTSA's Getting There Safely Team focuses on pedestrian safety in this 21 minute video designed to teach elementary school children to walk safely in environments that contain traffic or other safety hazards. Designed for pupils in grades 3 to 6, it teaches critical thinking skills for walking around traffic.

On the 19th of August, 2013 Christopher Griffith stopped his vehicle in the parking lot of the Royal Canadian Legion on 106 Avenue in Surrey, B.C. He became involved in an altercation with people present in the parking lot. Matters escalated to the point that these people advanced on his vehicle brandishing weapons and Mr. Griffith feared serious harm to himself, his passenger and his vehicle. He accelerated quickly away, crossing an adjacent vacant lot and departing northbound on 135A Street.

Shan Khan was a pedestrian trying to cross 152nd Street at 81st Avenue in Surrey. She crossed to the median barrier dividing the four lanes of traffic and waited for the approaching vehicles to stop. When the vehicle using the lane nearest to her did stop, she began to cross. Unfortunately the driver behind that vehicle did not stop, changed lanes to pass it and struck Ms. Khan.