Look out! Pedestrians running in front of vehicles - avoidable or not?

In Lee v McGrath [2018] ACTSC 173, the ACT Supreme Court was required to determine whether the defendant had been negligent when the plaintiff pedestrian ran across the path of her vehicle.

Background

On the day of the accident the defendant was driving at 60kph on Clift Crescent, Richardson.

After passing a bend in the road she noticed two boys run across in front of her. After reaching the other side of the road they stopped and looked behind them. The defendant took her foot off the accelerator and put it over the brake, in case they returned across the road.

The plaintiff then also ran across the road, into the path of her vehicle, without looking in her direction (evidence was led that he did look to his left, but not to his right where the defendant was coming from).