Near miss on footpath
Author
Discussion

Caher

Original Poster:

48 posts

132 months

Monday 22nd October 2018
quotequote all
Hi all,

what is the law when someone hits you if you are in a footpath that crosses a drive? Are you on the road or on the drive?
thanks

Psycho Warren

3,087 posts

143 months

Monday 22nd October 2018
quotequote all
The vast majority of driveways are merely "access to the public highway" A driver is still crossing the pavement to gain access to drive or road and hence should take all reasonable care to look out for pedestrians.

4rephill

5,168 posts

208 months

Monday 22nd October 2018
quotequote all
Even though there's a dropped kerb to provide access to a property, it's still part of the pavement.

Any driver looking to enter or exit the property is therefore crossing the pavement, and has a responsibility to check for pedestrians on the pavement, and give way to them if required.

Caher

Original Poster:

48 posts

132 months

Monday 22nd October 2018
quotequote all
Thanks - I almost got hit by someone tonight who just shot out of a driveway. So I guess I will go around and see them.

Caher

Original Poster:

48 posts

132 months

Monday 22nd October 2018
quotequote all
I will just ask that they are careful - I will not be confrontational. Maybe it might help the next person who wonders across their drive who will not be as alert as me.

Grandad Gaz

5,281 posts

276 months

Tuesday 23rd October 2018
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Caher said:
I will just ask that they are careful - I will not be confrontational. Maybe it might help the next person who wonders across their drive who will not be as alert as me.
This always baffles me as I see it quite a few times.

Why do people keep walking when there is a car backing out of a drive? Is it just because they have right of way and are determined to exercise that right, or is it because they are deaf and blind?

For the record, I always stop and make sure they have seen me before I continue. If they haven't, then I wait for them to pull out. Only an idiot pedestrian argues with a vehicle.

DaveH23

3,355 posts

200 months

Tuesday 23rd October 2018
quotequote all
Grandad Gaz said:
For the record, I always stop and make sure they have seen me before I continue. If they haven't, then I wait for them to pull out. Only an idiot pedestrian argues with a vehicle.
Totally agree. People are more squishier than cars.

Caher

Original Poster:

48 posts

132 months

Tuesday 23rd October 2018
quotequote all
I said they shot drive. I obviously was looking or I would have been hit.

For clarification I was just asking if the dropped curb is part of the pavement.

Edited by Caher on Tuesday 23 October 08:58

G0ldfysh

3,318 posts

287 months

Tuesday 23rd October 2018
quotequote all
Grandad Gaz said:
Caher said:
I will just ask that they are careful - I will not be confrontational. Maybe it might help the next person who wonders across their drive who will not be as alert as me.
This always baffles me as I see it quite a few times.

Why do people keep walking when there is a car backing out of a drive? Is it just because they have right of way and are determined to exercise that right, or is it because they are deaf and blind?

For the record, I always stop and make sure they have seen me before I continue. If they haven't, then I wait for them to pull out. Only an idiot pedestrian argues with a vehicle.
Dead right!

PAULJ5555

3,554 posts

206 months

Tuesday 23rd October 2018
quotequote all
Did/could you not hear the car or see it over the garden wall/hedge.

Were you playing on your phone, have headphones on, were you jogging?



I ask because I had this problem with a jogger over a T junction, I know pedestrians have right of way but he just ran out into the road and could not understand when I tried to tell him about Stop,Look,Listen and how he would come of worse if my 2 ton car went over him. It was his right of way and thats all that mattered to him.

davek_964

11,299 posts

205 months

Tuesday 23rd October 2018
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"Almost" is a rather subjective term.

supersport

4,633 posts

257 months

Thursday 25th October 2018
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All very well when you are an adult and aware of the risks.

Hi remember years ago my 6 year old was scooting to school and ahead of me when a mum blasted out of her drive across the pavement narrowly missing him.

She sort of looked ashamed, but there was not a lot we could do. It was bloody close though and I could see it happening.

At the end of the day she shot out in her stty people carrier taking her kids to school without looking or thinking - it was school time so she should have been more careful.

But at the end of the day nothing actually happened so over than crapping myself and rolling my eyes there is nothing that can be done.

Piginapoke

6,005 posts

215 months

Thursday 25th October 2018
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What does the Highway Code say about backing out of driveways onto the road? I was always taught not to do this, but I now see folk essentially blindly reversing out daily.

Derek Smith

49,825 posts

278 months

Thursday 25th October 2018
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A pedestrian using the footway is on the road. Someone joining the road, including from a drive, should give way. A near miss is probably an offence.


wazztie16

1,683 posts

161 months

Thursday 25th October 2018
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Piginapoke said:
What does the Highway Code say about backing out of driveways onto the road? I was always taught not to do this, but I now see folk essentially blindly reversing out daily.
Without looking it up, I don't think it's illegal, but not advised.

I think I'm one of the only people I see on the roads who actually uses their horn to make reversing vehicles in that sort of situation aware of my presence (on a fast road for example).

Spitfire2

1,968 posts

216 months

Thursday 25th October 2018
quotequote all
supersport said:
All very well when you are an adult and aware of the risks.

Hi remember years ago my 6 year old was scooting to school and ahead of me when a mum blasted out of her drive across the pavement narrowly missing him.

She sort of looked ashamed, but there was not a lot we could do. It was bloody close though and I could see it happening.

At the end of the day she shot out in her stty people carrier taking her kids to school without looking or thinking - it was school time so she should have been more careful.

But at the end of the day nothing actually happened so over than crapping myself and rolling my eyes there is nothing that can be done.
There is not "nothing that can be done". You can avoid letting your 6 year old get a head of you into harms way on a road with driveways. There are places where a 6 year old can ride off into the distance safely but that wasn't one of them

rambo19

2,959 posts

167 months

Friday 26th October 2018
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Piginapoke said:
What does the Highway Code say about backing out of driveways onto the road? I was always taught not to do this, but I now see folk essentially blindly reversing out daily.
See it everyday, just crap driving.

lyonspride

2,978 posts

185 months

Friday 26th October 2018
quotequote all
wazztie16 said:
Piginapoke said:
What does the Highway Code say about backing out of driveways onto the road? I was always taught not to do this, but I now see folk essentially blindly reversing out daily.
Without looking it up, I don't think it's illegal, but not advised.

I think I'm one of the only people I see on the roads who actually uses their horn to make reversing vehicles in that sort of situation aware of my presence (on a fast road for example).
I do the same, it's resulted in road rage a couple of times, but I do it anyway..... I do not have time for f**kwits who can't (or can't be bothered to) reverse a car into a driveway and then reverse blindly out onto a busy road first thing in the morning.

Mandalore

5,457 posts

143 months

Friday 26th October 2018
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G0ldfysh said:
Grandad Gaz said:
Caher said:
I will just ask that they are careful - I will not be confrontational. Maybe it might help the next person who wonders across their drive who will not be as alert as me.
This always baffles me as I see it quite a few times.

Why do people keep walking when there is a car backing out of a drive? Is it just because they have right of way and are determined to exercise that right, or is it because they are deaf and blind?

For the record, I always stop and make sure they have seen me before I continue. If they haven't, then I wait for them to pull out. Only an idiot pedestrian argues with a vehicle.
Dead right!
^^ all of this.

lcs_turbo

103 posts

128 months

Friday 26th October 2018
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To clarify - you didn't confront them at the time, instead you came on here to clarify the legal standpoint first?

What happened when you went round to see them?