League and Williams Lawyers

Tag: crosswalk

  • Crosswalk, or Not? That is the Question

    Crosswalk, or Not? That is the Question

    League and Williams Lawyers recently ran a contest on our Facebook page, asking whether or not the picture was of a crosswalk – with those who answered and liked our page being entered into a draw for a high-definition dash camera.

    Crosswalk or not? That is the Question
    Is this a crosswalk?

    There was passionate interest and response to our post.  Yes!  No!  What!?  Revealing a common misunderstanding about the BC Motor Vehicle Act (“MVA”) and how judges interpret it.

    A large share of people would say “no”, this isn’t a crosswalk because there are no lines on the road or pedestrian signals.  On that basis alone, they would be incorrect – sorry.  The MVA provides that the rights of a pedestrian in a “crosswalk” includes an “unmarked crosswalk”.  An “unmarked crosswalk” is the portion of an intersection (including a T-intersection like in the photo) within the extension of the lines of sidewalks on one or more sides of an intersection; in other words, draw a line across the street from the end of the sidewalk.  So, even if there are no lines on the road (or lights), the area between the ends of the extensions of a sidewalk, even if unmarked, is a crosswalk!

    But wait!  Maybe the “no’s” in this case aren’t wrong after all?!  The photo does not show that the sidewalk approaching from the right actually reaches the curb – the sidewalk stops at the intersection of the other crosswalk, leaving a grassy area between the end of the sidewalk and the road (a boulevard).  Importantly, one BC Court has said if such a grassy area was maintained by the local government and was meant to be walked on, then it doesn’t matter that the sidewalk didn’t actually join with the road – it was still an “improvement for pedestrians” (and therefore a sidewalk that ended in an unmarked crosswalk)!  The loser of that decision (the driver) appealed to BC’s highest court, which disagreed with the lower court and said, in that specific case, that because there was no sidewalk at all, and the city made no effort to maintain the boulevard, that the area was not “improved for pedestrians” and therefore not part of the “sidewalk” that met the road – the result was the injured child crossing the street was not in an unmarked crosswalk.  Basically, it boiled down to whether the city maintained the small area between the adjacent house and the street!

    In the case of this picture, the court would likely find that “yes” this is an unmarked “crosswalk” because the grassy area between the sidewalk and the road is clearly improved (leveled, seeded and mowed), despite there being no extension of the sidewalk to the curb, a let-down, paint on the road, or other signals.

    So what!?  If a pedestrian is crossing in an “unmarked crosswalk” (like this one) from the side of the street your car is approaching on, then they have the right of way, unless they step into the street in a manner that gives you no practicable means of stopping.  In other words, pedestrians cannot rely on an unmarked crosswalk to surprise drivers.  That said, the law requires drivers approach all intersections, especially intersections like this one in a residential area where children and other pedestrians are common, in a cautious manner (i.e. expecting someone might step out).

    Sadly, some drivers approach pedestrians in unmarked crosswalks aggressively and challenge them for “jay-walking”, when they in fact have the right of way.  Don’t be that driver.  Approach every intersection with caution and humility, knowing your car can kill.

    Thank you for caring about this issue.  Please answer our future road safety quizzes and share them with friends to help save lives (and insurance premiums).

    Because of the difficulty of this question, everyone who liked our page (not just commented) was entered to win…. and the winner is… Joe Battler!  Congratulations Joe!

    If you have a question about this topic or another legal issue, contact us for a legal consultation.  Reach us at 250-888-0002, or via email at info@leaguelaw.com.

  • That’s a Crosswalk, Really? (Video Blog)

    That’s a Crosswalk, Really? (Video Blog)

     

    Perhaps one of the most common mistakes drivers make is not understanding what is a crosswalk, and who, pedestrian or vehicle, has the right of way.  Most people think that a crosswalk is only that area on a street marked with parallel white lines.  Unfortunately, those people are incorrect.

    The B.C. Motor Vehicle Act defines a crosswalk as either:

    One: the 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

    Two: the portion of a highway at an intersection that is included within the extension of the lateral lines of the sidewalk, curb or edge of the roadway (whether it is marked or not).

    This means a crosswalk is the area within imaginary lines drawn across the street from the edge of the sidewalk, curb or pavement edge, on one side of the street, to the similar edge on the other side of the street.  Put another way, there are really three types of crosswalks.

    1.  Marked crosswalks at intersections,
    2.  Marked crosswalk other than at intersections (such as on a long stretch of road where there is no cross-street), and;
    3. Unmarked crosswalks, but still a crosswalk, at intersections where there is no marked crosswalks.

    This begs the question, however, if intersections have unmarked crosswalks, what is an intersection?

    Again the B.C. Motor Vehicle Act comes into play.  It defines an intersection (and the words get a bit fancy) as:

     “the area within the prolongation of the curbs or boundary lines of two roadways that join one another at or approximately at right angles, “ 

    Or,

    “if the roadways do not join each other at close to right angles, the area within which vehicles travelling on different highways may come in conflict;”

    What this means is that where roadways cross (even at a T-intersection), the crosswalk exists in the area where the direction of each roadway’s edges intersect, whether it is controlled by a stop sign or a stop light, and whether or not there are distinct pedestrian markings.

    This definition of crosswalk is important when it comes to who has the right of way.

    The B.C. Motor Vehicle Act states the following about the right of way between a vehicle and a pedestrian at a crosswalk:

    “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 marked or unmarked 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.”

    That said, the motor vehicle act requires that a pedestrian not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way.

    What does all this mean? It is simple.

    While a pedestrian may not step off a curb at an unmarked crosswalk when it is dangerous to do so, the pedestrian does have the right of way over a vehicle at an unmarked crosswalk when they are crossing from the same side of the road as the passing vehicle, or so closely from the other side of the road that they would be in danger if the vehicle did not stop.  Unfortunately, many pedestrians are injured, or at least very frustrated, because motorists do not understand the rights of pedestrians.

    Many motorists become frustrated because people treat marked crosswalks with a sense of entitlement, or as if it will envelope them in a magical force field, and step off the curb blindly into traffic.  On the other hand, many motorist become frustrated with pedestrians who step off the curb at intersections when those pedestrians clearly have the right of way.

    Regardless of what the law says, however, at the end of the day, if we are all courteous and careful, we will all be better off.

    We hope you have learned something from this week’s blog.  Please feel free to like us on Facebook, follow us on Twitter and subscribe to our YouTube channel to receive notice of our future weekly video blogs on the law.  League and Williams is a Victoria, BC based law firm with expertise in injury law, estate disputes and marine law and may be reached via email at info@leaguelaw.com or phone at 250-888-0002.  If you are injured and would like a free consult, give us a call for a free consult.  We are here to help injured parties get the fair compensation that they are entitled to.

  • Common Driver Mistakes: The Unmarked Crosswalk

    Common Driver Mistakes: The Unmarked Crosswalk

    Perhaps one of the most common mistakes drivers make is not understanding what is a crosswalk and who has the right of way at a crosswalk.

    As noted in our blog “What is a “Crosswalk”? The Answer Might Surprise You”, a crosswalk includes an unmarked area if it is at an intersection and within imaginary lines drawn from opposite sides of the highway (road), or within imaginary lines on one side of the highway (such as across the base of a “T” at a T-intersection). This means that a crosswalk exists whether the intersection is controlled by a stop sign or a stoplight, and whether or not there are distinct pedestrian markings.

    The definition of crosswalk is important because the B.C. Motor Vehicle Act states the following about the right of way between a vehicle and a pedestrian at a crosswalk:

    179  (1) 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.

    (2) A pedestrian must not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way.

    (3) If a vehicle is slowing down or stopped at a crosswalk or at an intersection to permit a pedestrian to cross the highway, the driver of a vehicle approaching from the rear must not overtake and pass the vehicle that is slowing down or stopped.

    This means that, while a pedestrian may not step off a curb at an unmarked crosswalk when it is dangerous to do so (section 179 (2)), the pedestrian does have the right of way over a vehicle at an unmarked crosswalk (an uncontrolled or controlled intersection) where they are approaching the road on the same side of the road as the passing vehicle or so closely from the other side of the road that they would be in danger if the vehicle did not stop.

    Unfortunately, many pedestrians are injured, or at least very frustrated, because motorists do not understand the rights of pedestrians. At LaW, we care about pedestrian rights and fight to make sure your rights are protected. For a free consultation, call 250-888-0002.