CASE LAW - Parmar v Rink
This collision between a vehicle and two pedestrians takes place at the intersection of Huntingdon Road and Gladwin Road in Abbotsford. It was dark, raining heavily and occurred in an unlit rural area. Sarbjit Parmar and her two childen were crossing Huntingdon northbound in a marked crosswalk when Ms. Parmar and her son were struck by a vehicle driven by Harold Rink.
Madam Justice Norell examined the circumstances of the crash which included the driver using low beam headlights and the pedestrians being dressed in dark clothing as well as entering the crosswalk without having determined the speed of the approaching vehicle and whether it would stop or not.
There is a very high standard of care on a driver approaching a marked crosswalk. I find that Mr. Rink failed to keep a proper look out and yield the right of way to Ms. Parmar while she was in the crosswalk. While I accept that the rain made visibility more difficult, I find Ms. Parmar was there to be seen.
In the judgment Mr. Rink bore the majority of the liability at 75%. The ultimate settlement for Ms. Parmar's injuryies was $573,916.45.