Jaywalking Not Illegal in Kelowna

[Glacier]

Jaywalking is often common courtesy. Instead of walking up to the light and stopping traffic, you let traffic flow free, and cross when there are no cars anywhere near you.

[hinderdale]

Interesting to see a bridge that crosses 97 hardly being used. Interesting to see the ugly concrete barriers at Orchard park on 97. Maybe that bridge should have been build where the concrete bariers are. I can see no other reason these barriers be put there to stop people crossing 97. Next solution by some city engineer is to have concrete barriers on all of 97 thru town.

I heard those concrete barriers were created to ensure the safety of the landscaping workers because Work Safe BC insisted that workers cannot work in the median without closing the highway traffic. I think those median barriers are complete waste of money, especially when the city cannot build a concrete barriers on the pedestrian island at the intersection of Cooper where several accidents occurred, including a man on a wheelchair got "crushed" to the death between the pole and a car.

I do believe though, that jaywalking should be illegal for busy streets such as Highway 97 for the safety of both pedestrians and the drivers.

[Lady tehMa]

More jaywalker injuries. http://www.castanet.net/edition/news-story-110842-1-.htm#110842

Three girls walking to school have been taken to hospital with injuries, one believed to be serious, after they were struck by a vehicle at Gerstmar and Graham roads Wednesday morning.

According to witnesses a vehicle, with a foggy windshield, was travelling south on Gerstmar when the girls were hit.

"At about 8:26 this morning there were three young ladies that were crossing at the intersection of Graham and Gerstmar. They were struck in the northbound lane by a vehicle on Gerstmar," says Cst. Steve Holmes from the scene.

"We know we have the sunlight out this morning but there was also a possibility there was some glare and some frosting of the window that may have contributed to the driver's inability to see."

The impact is said to have sent all three girls into the air.

Holmes did not have specifics as to the exact extent of the injuries saying only they varied from minor to 'more significant.'

Gerstmar Road has been closed from Graham south while RCMP reconstructionists tend to the scene.

Holmes says pending the outcome of the investigation the female driver may face charges under the motor vehicle act.

Aside from being shocked by the incident Holmes says the driver was unhurt.

Elaine Anderson, a resident of the area for over 20 years tells Castanet a crosswalk is badly needed where the girls were hit.

"It is a terrible intersection and they need to put in a crosswalk, there is too many kids in the neighbourhood now and cars fly down Gerstmar and they fly down Graham and we need to have the lights so they can push the lights and walk safely... they are lucky they weren't killed today," says Anderson.

She has lived in the area over 20 years and it is growing and there are more and more kids

"People are trying to cross and people don't stop for you and you basically have to run across while the cars are coming," she says.

"They need to have a crosswalk here they need to have lights, they need to put up the lights so the kids cross safely and go to school. There has been many car accidents here, it is a terrible intersection."

There is a light there, barely a block away. I'd say both parties were at fault here.

[the truth]

were the girls jaywalking,????

[Fancy]

Not if they were crossing at the intersection as stated in the article.

[cv23]

Not if they were crossing at the intersection as stated in the article.

????
Does because its an intersection have any bearing if it is jaywalking?

[Fancy]

I'm assuming and shouldn't.
http://www.duhaime.org/LegalResources/T ... sions.aspx
Thought I read in the Motor Vehicle Act that pedestrians crossing at an unmarked intersection have the right of way once they've stepped out onto the roadway and that is probably inaccurate. I'll have to do some more reading.

[Kelo_Can613]

Regarding the barriers on Hwy 97 - I think this had a lot to do with their construction:

http://www.castanet.net/news/Kelowna/85 ... n-his-fate

[cv23]

The two sections in the Motor Vehicle Act that regulate pedestrians not in a crosswalk only do so when the pedestrian has either failed to yield to vehicular traffic or stepped off the curb at a time when the driver could not yield to them even if they tried to.
What they might have said is that crossing at a place other than a crosswalk is not prohibited, but pedestrians still must yield to vehicles if they do so. Municipalities are not permitted to create bylaws that are at odds to the provisions of the Motor Vehicle Act

http://drivesmartbc.ca/pedestrians/jayw ... r-own-risk

[atenbacon]

I'm assuming and shouldn't.
http://www.duhaime.org/LegalResources/T ... sions.aspx
Thought I read in the Motor Vehicle Act that pedestrians crossing at an unmarked intersection have the right of way once they've stepped out onto the roadway and that is probably inaccurate. I'll have to do some more reading.

Knowing that they had the right of way will certainly be reassuring for them while they spend time in the hospital, and in the comming time recovering from their injuries.

[Fancy]

Can't fault them for the driver being blinded. Who knows, the girls could have been halfway across the road.

[my5cents]

Firstly, from the account on Castanet, they were crossing at an intersection, thus they were crossing at a crosswalk. Marked or unmarked if they were crossing at an intersection it is a crosswalk. (So crosswalk rules apply)

It's a no win for everybody, even, we on this forum, because ICBC will be paying out and that costs us all.

BUT, why didn't the girls watch and make sure the car stopped ? Ya, I know the car is supposed to stop, but if I was crossing,,, I have a pretty good idea how much it hurts to get hit.

Like I said before, I've stopped (lucky for them) for peds who don't even look at my vehicle, to make sure I'm stopping.

Feel sorry for the girls, don't get me wrong.

[cv23]

Firstly, from the account on Castanet, they were crossing at an intersection, thus they were crossing at a crosswalk. Marked or unmarked if they were crossing at an intersection it is a crosswalk. (So crosswalk rules apply)

Please provide a link to the MVA section or COK bylaw that states this as being fact not just opinion.
At the Kirshner Road Springfield Rd intersection there is no crosswalk across Springfield at that intersection and a pedestrian overpass created across HWY 97 at the intersection of Sutherland because there was no crosswalk and so many were illegally crossing there. At the intersection of Cary Rd HWY 97 and there is no crosswalk there a cross the highway.

[Fancy]

BUT, why didn't the girls watch and make sure the car stopped ?

If they were already in the middle of the road they probably expected the driver to have seen them. I guess it will depend on exactly where they were in the intersection.

[cv23]

I guess it will depend on exactly where they were in the intersection.

From what I've been able to determine crossing a roadway in other than a marked crossing ( jaywalking) is not illegal but if there is an accident the jaywalker is found to be the cause and at fault.