11 year old Allan Chen was riding his skateboard on a steep sidewalk beside 10th Street in New Westminster. He could not stop on reaching the intersection with Royal Avenue and rode into the path of traffic where he was struck by a car driven by Juan Beltran.
Chen was injured in the collision and his guardian sued Mr. Beltran for damages, saying that he was partially at fault. There was a school in the area and Mr. Beltran should have been travelling at a slower speed and more alert to the unexpected.
Driver Must Exercise Care
This case is interesting because Justice Greyell examines a driver's duty when there are children on the roadway.
In my opinion, once the presence of a child or children on a road is known, or should have been known, to the driver of a vehicle proceeding through a residential area where children live, that driver must take special precautions for the safety of the child or children seen, and any other child or children yet unseen whose possible appearance or entrance onto the road is reasonably foreseeable. The precautions include keeping a sharp look out, perhaps sounding the horn, but more importantly, immediately reducing the speed of the vehicle so as to be able to take evasive actions if required.
Conclusion
The overwhelming preponderance of evidence leads me to conclude that Allan emerged suddenly and unexpectedly from the sidewalk on 10th Street onto Royal Avenue, virtually in front of the Beltran vehicle giving Mr. Beltran no chance to avoid hitting him. I further conclude there were no circumstances at or about the intersection which should have put the defendant Beltran on guard or drive with extra care or caution.
I conclude the defendants are not at fault for the unfortunate accident in which Allan was involved on February 27, 2006. The plaintiff’s action against the defendants is dismissed.
Riding a Skateboard on the Sidewalk
The New Westminster Street and Traffic Bylaw allows the use of skateboards on most sidewalks as long as it is done with care and pedestrians are not interfered with. The collision location is not in Schedule B of the bylaw where riding is not permitted.
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