B.C. driver tells tribunal pedestrian who failed to ‘take steps to increase their visibility’ caused collision

A vehicle drives on a rainy street in this image. (Credit: Shutterstock)

A driver who hit a person in a crosswalk on a wet, dark morning has failed to convince a B.C. tribunal that “unsafe pedestrian acts” contributed to the collision.

ICBC, the province’s public insurer, found the driver “100 per cent responsible” for the accident, according to a decision published by the Civil Resolution Tribunal Wednesday.

The driver challenged that determination, arguing he should instead be held zero per cent responsible.

“(The driver’s) main argument is that (the pedestrian) was contributorily negligent based on ‘unsafe pedestrian acts,’ including being dressed in dark clothing, not wearing reflective gear, and not having lights,” tribunal member Megan Stewart wrote, in her decision.

The pedestrian was crossing the road while walking their dog on a winter morning in Comox in 2023 when the driver’s vehicle, which had been stopped at a stop sign, drove into the intersection and “came into contact” with the person and “pushed (them) forward,” the decision explained.

Neither the pedestrian nor the driver called emergency services, and the pair did not exchange information after the collision. However, the pedestrian later reported the incident to ICBC, according to the decision.

“There were no witnesses to the accident, or dashcam or other video footage,” Stewart noted.

ICBC found the driver had breached the province’s Motor Vehicle Act by failing to yield to the pedestrian in a crosswalk, and by failing to exercise due care and was therefore solely responsible.

The tribunal found this determination was reasonable given the evidence available and rejected the driver’s argument the pedestrian was negligent.

“Taking steps to increase their visibility likely helps keep pedestrians safe on dark, wet winter mornings. However, (the driver) pointed me to no law that provides they must do so,” Stewart wrote.

“It is (the driver) who was responsible for yielding to (the pedestrian) at the crosswalk, and for exercising due care to avoid colliding with them. I find this included keeping a particular lookout for pedestrians who might not be clearly visible in the inclement weather conditions.”

The driver’s claim was dismissed.