Driver Liability in Unmarked Crossing Collision

A driver, proceeding on a main road, struck a pedestrian crossing the road at a point where there was no marked crossing; the lower court found the driver liable despite the pedestrian's fault, asserting the driver's duty to maintain vigilance. The high court quashed the decision, reasoning that the trial judge, by failing to determine whether the driver could have reasonably avoided the collision given the pedestrian's sudden appearance in the roadway, did not sufficiently establish the driver's liability, as the driver is only responsible for foreseeable risks or avoidable harm.