This determination of liability involves a collision between a pedestrian and a cyclist at the intersection of Hillside Avenue and Gosworth Road in Victoria. The pedestrian was injured and sued the cyclist. The cyclist admitted being negligent but says that the pedestrian should not have walked in front of him.
The Pedestrian
Lisa MacKnight intended to cross Hillside Avenue at Gosworth Road from the southeast corner of the intersection. She waited for the pedestrian signal and a number of vehicles came to a stop to her left as the lights changed.
She paused for a few seconds after the walk signal appeared and then stepped into the crosswalk. She was hit by a cyclist that had passed the stopped traffic on the right. Her injuries consisted of a fractured left clavicle, a third degree dislocation of her right shoulder, a cut above her right eye and an abrasion on her right hip.
The Cyclist
Ryan Nast approached the intersection riding his bicycle at about 35 km/h. He passed stopped traffic on the right hand side and intended to go through the intersection on the yellow light. When he realized that the light would be red when he entered the intersection he tried to stop but was not able to. He struck Ms. MacKnight when she stepped into the crosswalk.
The Defence Position
Mr. Nast's lawyer asked the court to consider that Ms. MacKnight was partially at fault for the collision because she should have seen Mr. Nast approaching and not stepped in front of him.
The Court's Decision on Liability
[13] Contributory negligence, based on the obligation to take reasonable care for one’s own safety depends on the foreseeability of the risk presented by the defendant’s negligence. Each case will depend on its circumstances. In my view Ms MacKnight was not negligent. She was at a marked crosswalk controlled by both a traffic signal and a pedestrian crossing signal. She was aware that the vehicle traffic in the lanes of travel east and west on Hillside had come to a stop and was waiting for the pedestrian signal to change. On the appropriate signal she stepped forward into the crosswalk. In these circumstances, in my view, it was not reasonably foreseeable Mr. Nast would be disregarding the traffic signal and proceeding at a significant rate of speed in the space between the three stopped vehicles and the curb. Put another way, it would stretch the obligation of reasonable foresight too far to affix liability on Ms. MacKnight in these circumstances. Accordingly, I find no contributory negligence.
Damages
Most cyclists do not have collision liability insurance. Mr. Nast will be responsible for paying a significant award out of his own pocket if he was not insured.
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