CASE LAW - Vandendorpel v Evoy
"Excuse me? There is no wrong side of the road for pedestrians." This is the gospel according to @alaskanmind in a conversation I was involved in on Twitter this week. "It is a drivers legal responsibility to drive with due care and attention, meaning they are solely responsible." Here's an example from our courts where this view is shown to be incorrect.
This court case involves a pedestrian, Michael Vandendorpel, a driver, Beverly Evoy, at the intersection of Mount View Avenue at Sooke Road in Colwood.
The court found that Mr. Vandendorpel crossed contrary to the pedestrian control signal. He was in the marked crosswalk when he was struck by Mr. Evoy's vehicle. Mr. Evoy was driving at a speed slightly over the speed limit in the dark on wet road.
Duties of both the driver and the pedestrian are discussed at length.
The final outcome found that the pedestrian, Mr. Vandendorpel was 80% liable for the collision and the driver, Mr. Evoy was 20% liable.