A motorist who observes a pedestrian behaving erratically but then sees the pedestrian stop at the kerb and apparently watch the approaching vehicle is entitled to assume the pedestrian will wait for the vehicle to pass. The earlier observation of erratic behaviour does not require the motorist to maintain heightened anticipation of irrational conduct once the pedestrian appears to act rationally. Under s 49(1)(c) of the Civil Liability Act 2002 (NSW), the pedestrian's intoxication does not of itself increase the standard of care owed.
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