Exercising Due Caution While You Exercise
With spring in our midst and summer on the horizon, our Island weather is in the process of shifting from “the-air-hurts-my-face” to “I-finally-remember-why-I-live-here” temperatures. This means that many of us will be spending more time outside heading to the beach, going for walks, and if you are anything like me, working off one-too-many Burger Loves with a morning run along the Cornwall Road. Unfortunately, the revelry and care-free atmosphere brought about by a classic PEI summer can also bring about bad habits in some Island drivers.
Whether you spending some quality time outside near Island roadways going for runs, walks, biking, etc. it is important to use the rules of the road to keep you as safe as possible, and in the worst case scenario, ensure that you are fully compensated for any injury caused by a motorist.
The Contributory Negligence Act, R.S.P.E.I. 1988, Cap. C-21 provides that liability for any accident will be divided “in proportion to the degree in which each person was at fault,” and in cases where the evidence prevents a court from establishing to which degree each party is at fault, the liability is divided equally! This means that if you are hit by a car while running, walking, or biking near a road in a way that is contrary to the Highway Traffic Act, R.S.P.E.I. 1988, Cap. H-5 you might only receive 50% of the damages you are entitled to.
Here are just a few of the many rules of the road that apply to pedestrians to keep in mind while walking, running, or biking near a road or highway this summer!
1.Walk or run on the sidewalk, and where there is no sidewalk, walk or run along the left side of the road facing oncoming traffic.
Section 193(2) of the Highway Traffic Act, R.S.P.E.I. 1988, Cap. H-5 reads as follows:
“193. […]
(2) Where there is no sidewalk, a pedestrian walking along or upon a roadway or the shoulder thereof shall when practicable walk only on the left side of the roadway or the shoulder of the highway facing traffic approaching from the opposite direction and no more than two persons shall walk abreast on the roadway.”
This is a rule I always keep in mind while running – especially if I am listening to music and cannot hear cars coming from behind me. It will allow you to keep an eye on the traffic traveling closest to you so that you can pay attention to them in the event that they do not notice or are not paying attention to you.
2. If you do not have a crosswalk, you do not have the right-of-way!
Section 193(2) of the Highway Traffic Act, R.S.P.E.I. 1988, Cap. H-5 reads as follows:
“191. When a pedestrian is crossing a roadway at a point other than within a crosswalk, he shall yield the right-of-way to a driver.”
Downtown Charlottetown is a busy spot in the summer, and it can be fun to hop from one amazing patio to another on a sunny Saturday afternoon in July. However, you should always exercise caution when crossing Queen, Sydney, Grafton, or any other street downtown, and know that if you are not crossing at a designated crosswalk or light, you are forfeiting your right-of-way to the motorist.
3. A person riding a bicycle upon a highway has the same rights and duties as a driver!
There are a few qualifications and exceptions to this rule, and they are listed in section 194(2) of Highway Traffic Act, R.S.P.E.I. 1988, Cap. H-5 as follows:
“194(2) A person who is riding a bicycle
(a) shall not ride on a sidewalk;
(a.1) shall wear a bicycle safety helmet that complies with the regulations and shall have the chin strap of the helmet securely fastened;
(b) shall ride as near as practicable to the right-hand curb or edge of a roadway;
(c) shall not ride abreast of any other person who is riding a bicycle upon a roadway;
(d) shall keep at least one hand on the handle bars;
(e) shall not ride other than upon or astride a regular seat of the bicycle;
(f) shall not use the bicycle to carry more persons at one time than the number for which it is designed and equipped;
(g) shall not carry on the bicycle an object of any kind that is of such a size, weight or shape or so placed that it may interfere with the proper operation or control of the bicycle;
(h) shall not ride a bicycle on a highway where signs prohibit their use;
(i) shall not ride a bicycle upon a roadway if there is a useable path intended for the use of bicycles adjacent to the roadway; and
(j) shall not remove his feet from the pedals thereof while the bicycle is being driven on any roadway.”
While these are just a few rules of the road found in our Highway Traffic Act, R.S.P.E.I. 1988, Cap. H-5, the remaining rules can be found between sections 152-239 on CanLII at https://www.canlii.org/en/pe/laws/stat/rspei-1988-c-h-5/latest/rspei-1988-c-h-5.html.
While we’ve focused in this post on ways you can exercise due caution, the unfortunate can still happen. If you’ve been involved in an accident or an incident where you suffered personal injury please contact one of Key Murray Law’s experienced personal injury lawyers for a free initial consultation.
Jared Kelly
Articled Clerk
902-368-7807
Legal information appearing in this article and elsewhere on Key Murray Law’s website is intended for informational purposes only and is not intended to substitute for or replace any legal or other professional advice. If you have specific concerns or a situation in which you require legal advice, you should consult directly with one of our lawyers.
