A cyclist has to dismount when crossing the street, but does a rollerblader have to take off their rollerblades? A recent court case sheds some light on the issue

Many of us are aware that you are not supposed to ride your bike when crossing the street at a crosswalk. 

The law technically requires that you dismount and walk your bike across.   

If you are struck by a motor vehicle and injured when riding your bike across a crosswalk, it could impact the injury compensation you are entitled to you if you pursue a lawsuit.   The law in this area is pretty settled. 

However, what about rollerblading?  If you decide to go rollerblading and need to cross the street at a crosswalk, do you have to take off your rollerblades and walk across, similar to a cyclist having to get off their bike?

The answer may not be as easy as you think.  Thankfully, we have some recent guidance from the BC Supreme Court on this very issue.

In a case from 2014, an individual was crossing a crosswalk while on rollerblades on the University of British Columbia campus in Vancouver. 

As she was crossing the street, she was struck and injured by a motor vehicle. One of the questions that the court had to answer was whether the injured rollerblader had broken the law by rollerblading across the crosswalk.

The court found in favour of the rollarblader and determined that she was not obliged to remove her rollerblades to cross at a marked crosswalk. 

A rollerblader, unlike a cyclist, is considered by the law to be a pedestrian. 

However, the court did go on to say that because she chose to skate across the crosswalk, she was required to take reasonable precautions for her own safety considering her speed and visibility to motorists. 

In the end, the court found the injured plaintiff 10 per cent at fault for a momentary lapse as a result of the speed in which she was travelling and entered into the crosswalk.

Greg Pratch is a lawyer and partner with Pushor Mitchell LLP. He practices in the area of litigation with a particular emphasis in personal injury matters and tax disputes