Comment 37527

By kevlahan (registered) | Posted January 28, 2010 at 11:52:55

Tammany's explanation of fault, and his observation that it is the driver who decides to create a risk of death or injury (not the pedestrian) is clear and succinct.

Unfortunately, Hamilton's own traffic engineers do not accept this legal interpretation.

I have been told several times that the only time a driver is at fault is when he hits a pedestrian crossing with the right of way at a signalized intersection. In all other circumstances they believe the pedestrian is entirely fault. Note that this includes crossing at an unsignalized intersection.

Because they have this interpretation, the City will not install crosswalks or encourage pedestrian activity in any way, since they feel it would create a liability for the City. The default solution to pedestrian accidents is to simply prohibit pedestrians, which has lead to the infamous yellow signs in Kirkendall warning pedestrians to walk hundreds of metres to the nearest signalized crossing, and the suggestion that pedestrian crossings be prohibited at Main and Dundurn due to accidents.

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