CASE LAW - Olson v Farran
Shortly before 8:40 a.m. on February 17, 2011 Kristin Olson was walking along Jervis Street at Nelson Street in Vancouver, B.C. She was walking in the direction of Davie Street and stopped to watch for traffic before crossing Nelson. She observed a car driven by Ashraf Farran approaching in the distance across the traffic circle. Thinking that the Farran vehicle was not a hazard, she crossed Nelson Street. She was struck by the Farran vehicle as she reached the opposite side of the intersection. The impact threw her onto the hood of the vehicle before she fell to the pavement where she landed on her left side.
Ms. Olson was holding a cell phone conversation with her mother at the time of the collision.
Justice Pearlman found Ms. Farran was familiar with the intersection and was aware that pedestrians might cross the roadway. She failed to maintain an adequate lookout for Ms. Olson who was there to be seen. Ms. Farran bears the greater fault for the accident. However, Ms. Olson failed to take reasonable care for her own safety by entering the crosswalk without keeping an adequate watch for Ms. Farran's oncoming vehicle. In these circumstances, he divided liability by apportioning 75% of the fault to Ms. Farran and 25% to Ms. Olson.