B.C. Court Reverses 90% Liability in Crosswalk Crash Case

UPDATE: The British Columbia Court of Appeal has just overturned a controversial ruling that found a pedestrian, Annahis Basmadjian, 90% liable for her severe injuries sustained in a marked crosswalk incident. This urgent decision clarifies her legal right of way, which had been ignored by a lower court.

The incident occurred on May 19, 2019, when Basmadjian was crossing Marine Drive in West Vancouver. She was struck by a pickup truck driven by Anna Lidia Kovac, who attempted to overtake a transit bus that had stopped to let Basmadjian cross safely. Initially, a jury held Basmadjian predominantly responsible for the crash, attributing her 90% fault while assigning only 10% blame to Kovac.

The B.C. Court of Appeal, in a ruling delivered by Chief Justice Leonard Marchand on October 23, 2023, stated that the lower court failed to properly instruct the jury regarding Basmadjian’s right of way as a pedestrian. “The jury’s stark division of fault suggests they reached an incorrect legal conclusion,” Marchand emphasized.

The ruling confirms that Basmadjian had been in a marked crosswalk, indicating her right of way, and that Kovac had violated the Motor Vehicle Act by passing the bus. Footage from the incident was presented as evidence, showing the exact circumstances leading to the collision. Basmadjian’s actions, including her decision to jog across the street, were scrutinized, but the court ultimately ruled that Kovac’s actions were the primary cause of the accident.

Basmadjian was hospitalized with significant injuries, and the decision to appeal was rooted in her argument that the initial jury’s findings were “perverse” and did not reflect the facts presented. The Appeal Court found that while Basmadjian bore some responsibility—apportioning 30% liability to her—the overwhelming majority of fault lay with Kovac, who was determined to be 70% liable.

Why This Matters: This ruling is crucial for pedestrians’ rights in British Columbia, setting a precedent for future cases involving crosswalk safety. The court’s decision underscores the importance of adhering to traffic laws designed to protect vulnerable road users.

Going forward, both parties are expected to re-evaluate their positions following this significant ruling. Legal experts suggest this case could prompt broader discussions about pedestrian safety and driver accountability in crosswalk scenarios.

As reactions unfold, many are calling for increased awareness and education regarding pedestrian rights and responsibilities. The emotional toll on Basmadjian and the implications for drivers across the province highlight the need for stringent adherence to road safety regulations.

Stay tuned for more developments on this story as it continues to evolve.