michaelro

What in a legal / Insurance etc standpoint, is the rule regarding hitting a pedestrian?

I specifically mean, those that step out onto the road without using crossings provided.

Seem's to be getting worse these days in slowish traffic, pedestrians cross where ever they like and force you to stop....

I expect I'd get the blame....

billythekid

You MUST:

STOP
Provide your name and a contact address.
The name of the vehicle owner and their address (if different).
Registration number.
Provide evidence of insurance.

If any injuries have been sustained the incident must be reported to the police within 24 hours.

Also advisable to do at the time:

Names and addresses of witnesses.
Photos of scene.
Draw a sketch of the area where the incident happened.
Record any anomalies (diesel on the road etc)
If possible measure the road and distances from lights / signs etc.

fast bloke

I think he means who pays the bill if someone steps out in front of you, you hit them and damage your car

Sonic'

I hit a pedestrian a few years back on the elephant & castle roundabout, the police sent me a letter asking did I want to prosecute the pedestrian as I could have sued for stress, damage to the car etc etc

j4ckos mate

Im not sure but i think they have right of way,


i cant stand that slow cocky walk that ******* do in the road even though me in the van is bearing down on them, many is the time ive just missed them.

SwissTony

iTrader: (19)

I get this constantly in central London, it really annoys the **** out of me

I now just honk my horn and drive at them. if they dont move quick enough thats their lookout. It is worse in london because of the bloody tourists, they just wonder along obvlious of cars.
The other thing that hacks me off is the ones that dont look at the pedestrian green man and just dart across regardless and then the ones who cross the road feet away from a zebra crossing cos they cant be arsed to walk back a few feet

Both are open season
I find a well timed blip on the loud pedal is usually enough to gee them into action

pwhittle

they're often trying to look hard in front of the other scotes / scotesses they're with.
I find if you pop the clutch in and rev the engine just as you are about to pass / hit them, they sh*t themselves and run. Don't look so hard then!
Try it, always good for a laugh. DOn't try it in an auto though...

PeteBrant

Of course they ****ing do you nutter.

SJ_Skyline

Just watch "Death Race 2000" and you will feel much better

StickyMicky

10 points for a pedestrian, 20 for a cyclist

pslewis

I was in Court about 10 years ago because a pedestrian dropped his mobile phone in the road and ran out to pick it up - he thought I may run it over, in fact, I had seen the item and placed my wheels either side of it.

He ran into the side of my front wing and came through the windscreen.

Police said it was his fault, my Insurance employed a barage of people to defend me - accident investigators, lawyers, etc.

In court the judge decided it was 50-50!!!!!!!!!!!!

There was NOTHING I could do, he hit the SIDE of my car!!

Anyway, he got a sizeable payout ..... many ££££££££££££'s minus 50% of my costs!

Mind you, in 1975 I knocked a lady over and she got nothing when she took me to court ...... but, times have changed.

StickyMicky

i saw a scruffy scroate casually taking his time walking across the junction leading to the carwash last month, the road is a 40mph and i was late, so i just swung in at 40mph, once i am over the while lines its private property anyway as the car dealers next door own the road, this scruffy gimp had to dive out the way and he fell over LMFAO

didnt help that i was in a bad mood at the time, i parked up in my space and got out the car, this charver kid is screaming "you ****en blind ****"

so i just stood there and looked at him till he walked away

gobby little ****wit, get off the ****en road when traffic is approaching because that is the same junction i hit a cyclist at last year

SJ_Skyline

I've been on the other side of this many years ago when I was 16. Cycling home from school I was cycling across a roundabout and got taken out by a car that just pulled onto the roundabout behind me and accelerated into me.

Sent me flying a good 20 feet into the kerb, destroyed the back half of the bike (which was only a couple of months old). I was very lucky, only suffering a few cuts and bruises which is more than I can say for the elderly driver of the car who was subjected to a torrent of every four-letter word under the sun when I got to my feet...

Just goes to show that either party can be at fault.

stilover

The driver is at fault for everything.

A Pedestrian walks straight out in front of your car and the Police will:

Breathalise you to see if you are to blame.
Try to determine if you were speeding, to blame you.
Check you car over. Brakes, tyres etc, to see if they can blame you.

The person who walked out in front of you will:
Sue for compensation for YOU hitting him.
Win in court.

You'll be left to either claim off your insurance to pay for the damage, or pay money out of your own pocket to pay for damage.


It's the drivers fault, it always is.

billythekid

Oops sorry did not read it correctly.. there have been a few cases of drivers winning civil cases for damages over peds, but more often than not its the other way around...

Sonic'

Read my post, it isn't the drivers fault

I got breathalysed etc etc, they had to fill in an accident report book, they were more concerned about me than the pedestrian

I have a letter asking me did I want to press charges against the pedestrian

He ran across the road above the pedestrian subway, 20 witnesses all in my favour too

The Ped was unconcious, blood over his head arms and legs ( I hit him and knocked him into the railings) and all the passers by were calling him stupid etc

I thought he was going to die and it took him a few days in hospital before they could get any sense out of him about who he was etc etc, I didnt press any charges as I felt I had done enough to him

The police report said he had no rights to be on the road and was 100% his fault

Jamie

A few years back some monkey looking gimp hit me on the on the elephant & castle roundabout all i remember is very large ears

cookstar

iTrader: (6)

I would have took him for everything

Leslie

They only have right of way on a zebra crossing if they are on it before the car arrives. obviously it is up to them not to step onto the crossing so late that you cannot stop easily and safely. They also have right of way on a lights controlled crossing of course and in a pedestrianised area.

Unfortumately there is no jaywalking offence as such in this country. You would need witnesses etc to back you up in case of an accident and like PSL you will probably find that the pedestrian will get the PC sympathy vote just because you were driving a car!

It is time that some sort of control was established to stop the dangerous habits of so many pedestrians these days.

Les

StickyMicky

its a good job the junction i spoke about, is covered by my cctv system

OllyK

Not so, rule 170, point 2 of the highway code

OllyK

Indeed, if he was already in the road, he could use it as evidence against you, see my post above!

speedking

Nooo! Pedestrians have right of way everywhere, except motorways where it is illegal for them to be. For example walking down a country lane, are you suggesting this is not allowed

The Highway Code Rule 206.

For StickyMicky "turning at road junctions; give way to pedestrians who are already crossing the road into which you are turning"

NotoriousREV

It depends entirely on the case. My mate had a (drunk) guy run out in front of him at a set of lights (that were on green). He tried on 3 or 4 occasions to take my mate to court. On the last try, the judge told the drunken fool that he was effectively a lying **** and never to darken his door again. Result? 100% the fault of the pedestrian.

j4ckos mate

thats what i meant speedking

Leslie

So does that mean that pedestrians have no responsibilty whatsover and they can walk onto a road just as they wish without being responsible to make sure that they are safe to do so Olly?

I agree that motorists should drive with care but surely a pedestrian deliberately stepping in front of a car with no notice as they do cannot be in the right if an accident happens.

Les

Shark Man

If it can be proved the pedestrian stepped into the way of of your vehicle at such a point where you cannot take avoiding action (stop, or <safetly> swerve round). Then the pedestrian will be found at fault.

The problem is proving that.

My freind has had this happen when someone stepped out between two parked cars, leaving a football sized imprint in the windscreen (smashed) and a badly dented A-pillar.

Pedestrian was found to be 100% at fault.

But obviously the police had to ensure the driver was doing nothing wrong either, that being sober, roadworthy car, legal to drive, paying attention and driving in accordance to the conditions and posted speed limit (i.e posted 30, but being a narrow road with parked cars either side..he was travelling at 20mph - if he had travelled faster it could be seen as careless driving, so posted speed limits don't "always" apply - common sense really).

CrisPDuk

I've hit two so far, the first was a muppet who came running out of a pub and straight into the road before stretching out over my bonnet Fortunately there was a police van a couple of cars back they saw the whole thing, took my details, asked if I wanted to press charges then carted him off in the back of the van
The second was a schoolkid in one of those parkas with the big hood, he had his hood pulled right up totally obscurring his vision, he walked straight out in front of me and put a dent in the bonnet of my motor with his head (fortunately I was driving an old shed at the time). He jumped up and started effing and jeffing at me, my Dad, who was in the passenger seat at the time, was first out of the car and when he started trying to ask the little ****** what his name was and where he lived, he scarpered Part of me still wonders if the gobby little **** died in a ditch somewhere of concussion





Just a tad harsh Jamie, but, having seen the picture of him on the invalid cart, probably entirely fair

Sonic'

Not harsh, quite true

OllyK

That isn't what it said, if they're on the road before you start to turn in to the junction, they have right of way. You're earlier post implied they only had right of way on zebra crossings and traffic light crossings, that isn't the case. So with SM going for the guy as he turned in, if he had hit, it would have been SM's fault as the guy had right of way.