This is a case involving a pedestrian, Brian Cairney, and a driver, Kimberly Miller, who met in a crosswalk at the intersection of Vernon and Hall Streets in Nelson. It was a dark, overcast evening with light rain. Street lighting was present along with other pedestrians.
The Pedestrian's View
Mr. Cairney saw the vehicle driven by Ms. Miller slow down as it approached travelling uphill southbound on Hill Street. He assumed that she had seen him and was slowing to allow him to cross Vernon Street on the south side.
Google Map of the Intersection & Crosswalk
The Driver's View
Ms. Miller approached what she described as a poorly lit intersection that she had trouble with in the past. She looked and did not see any pedestrians in the crosswalk so she slowed to being looking for a parking spot. She felt a bump on the left side of her car as she drove through the crosswalk.
Independent Witness
Brian Thompson was westbound on Vernon Street had stopped for the stop sign at Hall Street. He watched Mr. Cairney enter the crosswalk and Ms. Miller approach at about 45 km/h. He immediately thought that there was going to be a crash.
Discussion of the Circumstances
Justice McEwan considered the following points:
- Dangers of making assumptions about who sees whom
- Wearing dark clothing at night when you are a pedestrian
- A driver's duty to a pedestrian
- A pedestrian's duty to look out for their own safety
He observed that:
Given Mr. Thompson’s evidence, which I accept, the plaintiff was visible in the crosswalk when the defendant’s vehicle crested the hill and entered the intersection. I cannot accept that poor lighting or dark clothing had anything to do with what happened and must infer that the defendant was not paying sufficient attention in the circumstances. The plaintiff did nothing sudden or unusual to cause the collision. He was simply established in the crosswalk while the defendant’s car was approaching.
Decision on Liability
Justice McEwan found the driver, Kimberly Miller, 100% liable for the collision.
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