Driver Liability in Pedestrian Crossing Accident

A driver, having struck a pedestrian who was crossing the road outside a marked crosswalk, was sued for damages; the lower court held the driver solely liable, finding that while the pedestrian was at fault for crossing improperly, the driver had sufficient time and distance to avoid the collision had they been driving with due care. The high court quashed the decision, reasoning that in cases involving shared fault, a finding of sole liability against only one party constitutes a failure to adequately consider the contributory negligence of the other party, thereby requiring a re-examination of the apportionment of liability where the driver's failure to avoid the accident does not automatically negate the pedestrian's primary fault in creating the dangerous situation.