CASE LAW - Cairney v Miller
This is a case involving a pedestrian (Brian Cairney) and a driver (Kimberly Miller) who met in a crosswalk at the intersection of Vernon and Hall Streets in Nelson, B.C. It was evening and Mr. Cairney saw the vehicle driven by Ms. Miller slow down, so he assumed that she had seen him and was slowing to allow him to cross. Ms. Miller approached what she described as a poorly lit intersection, looked and saw nothing then collided with Mr. Cairney.
Of interest here is the dangers of making assumptions about who sees whom, wearing dark clothing at night when you are a pedestrian and explanations of a driver's duty to a pedestrian and a pedestrian's duty to look out for their own safety.