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Originally Posted by Locke
Yeah, pedestrians breaking the law are the victims here and they should have gotten more.
I mean, they couldnt have been more injured if they'd stepped into the road between stopped cars, they shouldnt be responsible for checking for oncoming traffic when crossing a road.
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We aren't talking about the pedestrians culpability. They are to blame and everyone agrees. Don't be obtuse by changing the argument.
Now it's a question of how much, if any, fault should lie on the driver. I think you would agree if there was some kid who ran in front of you, you would brake right? If you took reasonable steps, i.e. braked as quickly as possible, you would not be at fault for the accident. But if you were looking at your phone in the same scenario or otherwise not paying attention, and didn't brake or were too late to brake, then you would be at (some) fault. That's obvious. Otherwise you're giving way to legal murder of any jaywalkers?
The motorist had an opportunity to defend himself and didn't take it, he was unable to explain why he couldn't see the bright yellow sweater despite having visibility, why he didn't slow down despite the other lane being stopped, he didn't take the necessary steps a reasonable careful driver would have took. That makes him at fault. And it's explicit in the law (for BC):
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181 Despite sections 178, 179 and 180, a driver of a vehicle must
(a) exercise due care to avoid colliding with a pedestrian who is on the highway,
(b) give warning by sounding the horn of the vehicle when necessary, and
(c) observe proper precaution on observing a child or apparently confused or incapacitated person on the highway.
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He ####ed up on the due care part. You don't just get to close your eyes until the next intersection, stuff happens, people jaywalk, it's still your responsibility to drive carefully and pay attention for unexpected occurrences.
There's a difference between someone running out in front of you and you slamming on your breaks, and just not looking in front of you. This is the case of the latter.
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As was stated in Hmaied, “If it is reasonably foreseeable or apparent that a pedestrian will disregard the law and thus create a hazardous situation, a driver is obliged to take all reasonable steps to avoid a collision.” In this case, I find that it was apparent that the Marcenas had created a hazardous situation by entering the roadway. However, there is no evidence as to what, if any, precautions Mr. Thomson took to avoid the collision.
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I'm content with 25%, especially as it's insurance. The only people who have to worry about this verdict are the careless drivers who don't pay attention, which is great.