Postby Dstew » Wed Jan 11, 2017 9:09 pm
Your widow would have had an excellent case against the driver: Maybe
Alberta Use of Highway and Use of Road Regulations:
90(1) When a sidewalk or path is located beside a roadway, a pedestrian
(a) shall at all times when it is reasonable and practicable to do so use the sidewalk or path, and
(b) shall not proceed along or remain on the roadway.
(2) If there is no sidewalk or path, a pedestrian who is proceeding along or on a highway shall at all times when reasonable and practicable to do so, proceed only on the left side of the roadway or the shoulder of the highway facing traffic approaching from the opposite direction.
(2) A pedestrian shall not proceed onto a roadway or proceed along a roadway into the path of any vehicle that is so close that it is impracticable for the driver of the vehicle to yield the right of way.
Yielding by pedestrians
92 A pedestrian who is crossing a roadway at any point other than within a crosswalk shall yield the right of way to vehicles on the roadway.
Most provinces tend to have the same sort of regulations or at least the same intend.
FYI for cyclists:
Rights and duties of operator
75 Unless the context otherwise requires, a person who is operating a cycle on a highway has all the rights and is subject to all the duties of a person driving a motor vehicle under Part 1 and this Part and Division 2 of Part 5 of the Act.
Operation of cycle
77(1) A person who is operating a cycle on a highway
(a) shall keep both hands on the handlebars of the cycle, except when making a signal in accordance with this Regulation or shifting the gears of the cycle,
(b) shall keep both feet on the pedals or foot rests of the cycle other than when stopped,
(c) shall not ride other than on or astride a regular seat of the cycle, and
(d) shall not use the cycle to carry more persons at one time than the number for which the cycle is designed and equipped.
(2) A person who is operating a cycle, other than a motor cycle, on a highway shall operate the cycle as near as practicable to the right curb or edge of the roadway unless that person is in the process of making a left turn with the cycle.
(3) Notwithstanding subsection (2), a person who is operating a cycle, other than a motor cycle, on a one-way highway in an urban area shall ride as near as practicable to either curb or edge of the roadway unless that person is in the process of crossing from one curb or edge of the roadway to the opposite curb or edge of the roadway.
(4) Notwithstanding subsection (2), a person who is operating a cycle, other than a motorcycle, on a highway that has shoulders (a) in the case of a highway that has paved shoulders, shall operate the cycle on the right shoulder, and
(b) in the case of a highway that does not have paved shoulders, shall operate the cycle as far to the right of the roadway as practicable, unless that person is in the process of making a left turn.
Travel single file
78 A person who is operating a cycle on a highway in the same direction in the same traffic lane, except when overtaking and passing another cycle,
(a) shall not operate the cycle adjacent to another cycle travelling in the same direction, and
(b) in the case of a cycle other than a motor cycle, where more than one cycle is travelling in the near vicinity of and in the same direction as another cycle, shall operate the cycle directly in line with and to the rear or front of the other cycle.
* As a side note, there is stretch of road near my place where cyclists can out number cars. The one sign posted at a number of different locations is the "Single File" sign. It is the single biggest complaint of motorists on rural country roads about some groups going 2, 3 or even 4 wide and the car having to slow down before being able to go into the on coming lane to pass. For me, when I hear a motorist come up behind, I move over to my right as far as possible. I have lost count of the number of times motorists will move over to the left, some going into the on coming lane to give me room. There are some inconsiderate drivers but from my experience, there are cyclists and runners who think that they own the road or a pathway. This causes problems for the rest of us. I lost track of the number of times I have moved over to the right on a path and had some runner talking to their partner, not just a little over the yellow line but completely in my lane and it as if they expect me to stop and step off as their royal highness can pass. Unfortunately for those skinny little dweebs, I out weigh them and played hockey. I knocked this one particularly pompous older skeletor down and I turned to see the carriage I had caused. He was about to say something but as I was almost on the right shoulder of the pathway and I said, do you really want to mess this me, I took his medicine. He looked me in the eyes before impact and I believe he really thought I was going to step off the path. At one point, I got so feed up I would stare the person down and even drift to my left and make sure I "claimed" everything inch of the path on my side of the yellow line. So maybe this motorist was taking it out on you. Of course, he may have just been a jerk.