CASE LAW - MacKnight v Nast
This incident took place at the intersection of Hillside Avenue and Gosworth Road in Victoria. Lisa MacKnight was crossing in the crosswalk following the directions of the pedestrian controlled signals as Ryan Nast approached riding a bicycle. Mr. Nast passed stopped traffic on the right hand side and intended to go through the intersection on the red until he saw Ms. MacKnight step into the crosswalk. He tried to brake but was not successful and struck her causing significant injury to her.
The court found that Ms. MacKnight was not contributorily negligent for failing to see Mr. Nast approaching and stepping out in front of him. The judgment against Mr. Nast was expensive and it is quite likely that he will have to pay them out of pocket rather than resorting to insurance coverage.