Failing to Stop for Pedestrians

Every day I and others are almost hit trying to cross on the Pedestrian Crosswalk we have to wait forever to cross and then the motorists won't even let cross in safety. I have actually started crossing the street with my iPhone in camera mode/ready to go in case they try to rush us. I want to know why there aren't any traffic cameras to catch these felons? To further advise you of the extreme difficulties that Pedestrians have in that area, motorist do race up the hill East bound Royal Oak on a regular basis at night.

Answer

I've puzzled carefully over this one and I am going to take the position that there is an unmarked crosswalk across Royal Oak Drive at Falaise Crescent and that drivers need to yield to pedestrians crossing there.

My reasons are as follows:

"crosswalk" means

(a) a portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface, or

(b) the portion of a highway at an intersection that is included within the connection of the lateral lines of the sidewalks on the opposite sides of the highway, or within the extension of the lateral lines of the sidewalk on one side of the highway, measured from the curbs, or in the absence of curbs, from the edges of the roadway;

"sidewalk" means the area between the curb lines or lateral lines of a roadway and the adjacent property lines improved for the use of pedestrians;

There are sidewalks perpendicular to Royal Oak along the sides of Falaise. Extending their lateral lines across Royal Oak creates the unmarked crosswalk as outlined in (b) in the definition of crosswalk. The grassy boulevard between the set of lanes in each direction may confuse the issue, but none the less this could be considered to be improved for the use of pedestrians. I don't make this decision, rather it was made by Mr. Justice Shaw in the BC Supreme Court case of McKee (Guardian of) v McCoy.

Having said that, drivers will not behave as if there is a crosswalk here and if there is any amount of traffic, it will be dangerous to cross, even if the pedestrian has that right. I think it would be better, although not as convenient, to go to the intersections on either the left or the right of Falaise on Royal Oak. At least drivers should be expecting pedestrians here and will be more likely to grant right of way.

Google Ads