Cross Walks: Is the Right of Way Absolute in B.C.?

Posted on by Taylor & Blair LLP Posted in Rules of the RoadTagged

Many pedestrians, at their peril, believe that they have an absolute right of way when they seek to cross a roadway in a marked or unmarked crosswalk. However, while a duty of care is owed by drivers to pedestrians, pedestrians are also obligated to exercise due care for their own safety and the safety of others. If you fail to observe due care for your own safety and the safety of others as a pedestrian or as a driver, you could be found to have some responsibility for the collision or injuries that result.

Responsibilities of Drivers and Pedestrians

S.181 of the BC Motor Vehicle Act governs the rights of way between a vehicle and pedestrian, and s.179 sets out the responsibilities when a pedestrian is in a crosswalk. Although the driver is required to yield the right of way, the law states that a pedestrian must not step into … Continue reading

Increasing Pedestrian Safety in Vancouver

Posted on by Taylor & Blair LLP Posted in Rules of the RoadTagged ,

Summer is coming to an end, but for those with children this can be an exciting time as students head back to school this September. For B.C. drivers, this means we are sharing the road with more pedestrians, as many more children are out and about walking to and from school.

According to the Insurance Corporation of British Columbia (ICBC), on average 290 children aged five to eighteen are injured in motor vehicle collisions every year and 5 children are killed in such accidents. This is despite several measures taken to increase pedestrian saftey (including higher tickets for speeding in school zones) and information made available on high pedestrian collision intersections. Additionally, ICBC provides free road safety materials to B.C. schools to increase pedestrian safety.

Pedestrians that take precautions to keep safe still face some risk of becoming injured in a motor vehicle accident. To improve pedestrian safety in … Continue reading

Common Driving Challenges for Seniors in B.C.

Posted on by Taylor & Blair LLP Posted in Rules of the RoadTagged

Seniors are often the most experienced drivers on the road and driving can be a source of freedom and independence in retirement. However, as we get older we are also more vulnerable to accidents on the road due to age-related changes which can impact our vision, alertness and confidence. The ratio of drivers age 81 or over of “at fault” collisions exceeds “not at fault” collisions by 2.5 times, according to the Superintendent of Motor Vehicles, reported in Dixon v. B.C. (Ministry of Justice), 2013 BCHRT 92 (CanLII).

According to the Canadian Automobile Association (CAA), seniors are more likely to have collisions because of slower reaction times and when making left-hand turns, merging, going on roundabouts, driving at night and driving in bad weather. To prevent motor vehicle accident collisions it is important to be vigilant about these common driving challenges for seniors and to try reduce or prevent the … Continue reading

Driver Fatigue and Road Accidents in B.C.

Posted on by Taylor & Blair LLP Posted in Rules of the RoadTagged

Driver fatigue is a problem that routinely plagues Canadian roads. A 2007 survey on road safety found that about 60 percent of Canadian drivers admitted that they occasionally drove while fatigued, and a further 15 percent of respondents admitted that they had fallen asleep while driving during the past year. These numbers are extremely troubling.

Fatigued or drowsy driving can take the form of physical and/or mental fatigue and occur as a result of the monotony or repetitiveness of the driving environment or after driving for extended periods without a break. In some cases, the fatigue is a function of the human body’s natural circadian rhythm or “sleep-wake” cycle. Most people feel sleepy twice a day (at night and in the afternoon). Drivers that operate a vehicle during these times are more likely to feel drowsy and can be at higher risk of causing a road accident or car accident… Continue reading

Child Car Seat Safety

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Not many trips are as nerve wracking for parents than that first drive home from the hospital with your new child.  Having a properly installed child car seat in good working order can not only bring comfort to a parent, but it can be the difference between a minor injury and a major one.

Buying a Car Seat

The most important thing when choosing a car seat for your child is making sure it’s appropriate for your child’s age, height and weight in accordance with the B.C. Motor Vehicle Act.  Car seats are usually divided into the following groups:

  • Infants/toddlers (to 20lbs);
  • Toddlers/preschool (between 20-40lbs); and
  • Children weighing over 40lbs who are under 9 years of age or 4’9”” tall.

When buying a car seat it’s important to compare the various brands and make sure you’re getting your money’s worth.  Always look for the CMVSS sticker which will let … Continue reading