What is the liability of a driver who fails to see a pedestrian walking in a designated right turn lane?

This case is distinguishable from cases where a pedestrian who has the right of way is walking across a crosswalk, their presence blocked by vehicles in lanes closest to the curb that have come to a complete stop to allow them to cross. Visibility factors, e.g. darkness and driving rain played no role in this case. It is not a case where only the exercise of extreme vigilance could avoid the consequences of the defendant’s negligence. Coso v Poulos, 1969 CanLII 95 (SCC), [1969] S.C.R. 757. The case is also distinguishable from McKnight v. Nast, 2005 BCSC 469, in which a pedestrian who had stepped into a marked crosswalk on a walk signal did not see a bicycle approaching at a significant speed against a red light in a space between three vehicles stopped at the curb. Grist J. found it would stretch the obligation of reasonable foresight too far to assign liability to the pedestrian. In this case, the plaintiff’s view of traffic in lanes west of the bus stopped at the intersection was blocked. Foreseeing a vehicle in the designated right turn lane executing a right turn does not unreasonably stretch reasonable foresight.