Must Drivers Yield to Pedestrians Crossing Illegally in British Columbia?

A pedestrian who crosses the road illegally in British Columbia may commit an offence under the Motor Vehicle Act, but that does not remove a driver's duty to take reasonable steps to avoid a collision. Drivers must still exercise due care, warn pedestrians of danger when necessary, and yield where required by law.

A reader asked whether drivers must yield to pedestrians who enter the roadway illegally. The question arose after watching a driving instruction video from the United Kingdom that demonstrated the use of the vehicle horn to warn pedestrians.

The Question

My question concerns the right of way of pedestrians who are in the roadway illegally. For example, they may have disobeyed a pedestrian control signal or failed to yield to traffic as required by section 180 of British Columbia's Motor Vehicle Act.

The question came to mind after watching this driving instruction video from the United Kingdom.

Does a Driver Still Have to Yield?

While the actions shown in the video may be considered acceptable in the United Kingdom, I suspected the legal situation would be different in British Columbia.

Before asking the question, I reviewed the Motor Vehicle Act and found section 179(1), which states:

Subject to section 180, the driver of a vehicle must yield the right of way to a pedestrian where traffic control signals are not in place or not in operation when the pedestrian is crossing the highway in a crosswalk and the pedestrian is on the half of the highway on which the vehicle is travelling, or is approaching so closely from the other half of the highway that he or she is in danger.

Since this section applies to pedestrians crossing lawfully, it seemed to suggest that my initial assumption might have been incorrect.

If the pedestrians in the video had already seen the approaching vehicle and were not in immediate danger, would a driver in British Columbia also have no legal obligation to stop?

Situations like this occur frequently on busy multi-lane roads. Stopping suddenly may create additional hazards because traffic in adjacent lanes may not stop, so I was curious about the actual legal requirements.

I also realize that section 181 places duties on drivers toward pedestrians. I'm not suggesting that drivers should endanger pedestrians simply because they're crossing illegally. I've heard that some jurisdictions require drivers to allow pedestrians to leave the roadway once they've entered it, regardless of how they entered, and wondered whether British Columbia has a similar rule.

The Answer

You've identified the applicable provisions of the Motor Vehicle Act. While section 180 creates offences for pedestrians who cross improperly, section 181(c) requires drivers to sound the horn when it is reasonably necessary to warn pedestrians of danger.

Sounding the horn does not give a driver the right of way. A driver's primary responsibility remains avoiding a collision whenever it can reasonably be avoided, regardless of whether the pedestrian entered the roadway legally.

A pedestrian may be committing an offence while a driver simultaneously has a legal duty to avoid striking them. Those are separate legal issues under the Act.

Right of Way Depends on the Circumstances

The right of way you asked about applies when pedestrians are lawfully using pedestrian control signals at signalized intersections. Outside those situations, the specific provisions of the Motor Vehicle Act determine the respective duties of drivers and pedestrians.

Don't Forget Unmarked Crosswalks

One common misconception is that crosswalks exist only where pavement markings are painted. Many intersections have legal crosswalks even though no painted lines are present. Drivers must yield to pedestrians using these unmarked crosswalks just as they would at marked crosswalks.

Understanding the legal responsibilities of both drivers and pedestrians helps reduce conflicts and prevent avoidable collisions.