Accident car vs pedestrian
Discussion
green light, was it a junction?
given the highway code changes if the lights had a yellow box for pedestrians to press then the pedestrian shouldnt have walked but if not then at all junctions motorists *should* give way to predestrians who wish to cross
Unless the ped legged it out from nowhere or fell from the sky I'd imagine you'll be found liable for their injuries
given the highway code changes if the lights had a yellow box for pedestrians to press then the pedestrian shouldnt have walked but if not then at all junctions motorists *should* give way to predestrians who wish to cross
Unless the ped legged it out from nowhere or fell from the sky I'd imagine you'll be found liable for their injuries
Judge says doctor was driving ‘too fast’ in Bicester crash
"He was also told that the child, who suffered a serious head injury, had stepped onto the crossing when the light was green for traffic.
But he concluded that Dr Chandran, who was on her way to work in Milton Keynes, Buckinghamshire, was driving at an “excessive, unsafe and unreasonable” speed and had failed to pay “sufficient attention to hazards and other road users”.
https://www.oxfordmail.co.uk/news/23636462.judge-s...
"He was also told that the child, who suffered a serious head injury, had stepped onto the crossing when the light was green for traffic.
But he concluded that Dr Chandran, who was on her way to work in Milton Keynes, Buckinghamshire, was driving at an “excessive, unsafe and unreasonable” speed and had failed to pay “sufficient attention to hazards and other road users”.
https://www.oxfordmail.co.uk/news/23636462.judge-s...
solo2 said:
Advice please, pedestrian walked out in front of car at green light and whilst they have sustained injuries, they will live. Car is damaged, how do we claim on repairs. Presume go through own insurance but how do they claim the costs back from the pedestrian?
Yes, you must notify your insurers of the accident. They will deal with your repairs and (if one is presented) any claim from the pedestrian - whether that be to defend it or pay it.You have no right of recovery against a pedestrian for any damage to your vehicle (unless of course you want to pursue a private civil claim against them in the small claims court - but that's highly unlikely to succeed).
solo2 said:
Not asking rights or wrongs here but being PH we love a good who done it but pedestrian crossing only with lights on green. Witnesses say person just darted out
Yes, still your insurance who'll pay for it, and almost certainly damages to the pedestrian. If you're lucky, you might get away without being prosecuted for DWDCA.Just let your insurance deal with it. Be honest, polite, and factual and contrite, not antagonistic or flippant, just stick to the facts and hope witnesses back it all up.
As for claiming for damage to your car from a ped's head etc, let the insurance deal with it for now, and if they find you at fault when you feel you are not, that is the time to argue and get angry.
As for claiming for damage to your car from a ped's head etc, let the insurance deal with it for now, and if they find you at fault when you feel you are not, that is the time to argue and get angry.
poo at Paul's said:
Just let your insurance deal with it. Be honest, polite, and factual and contrite, not antagonistic or flippant, just stick to the facts and hope witnesses back it all up.
As for claiming for damage to your car from a ped's head etc, let the insurance deal with it for now, and if they find you at fault when you feel you are not, that is the time to argue and get angry.
I would strike the ‘and get angry’ out. Generally speaking, pedestrians do not ‘come from nowhere’, if they are there, and you did not observe them eyeball you, that is when a tap on the horn IS acceptable and necessary.As for claiming for damage to your car from a ped's head etc, let the insurance deal with it for now, and if they find you at fault when you feel you are not, that is the time to argue and get angry.
About 20 years back my late father hit a kid who was pushed into the road by his mates as part of an ongoing game, where they took it in turn. All freely admitted by the other kids to the attending emergency services. The injured kid was rushed to A&E, but later recovered.
He had to claim on his insurance as the kid had no money and his parents were just angry at everyone else involved including the fact that the Police weren’t automatically arresting my dad for anything.
If the kid had required longer term home care, I’m sure that my fathers insurance would have been liable for that also.
He had to claim on his insurance as the kid had no money and his parents were just angry at everyone else involved including the fact that the Police weren’t automatically arresting my dad for anything.
If the kid had required longer term home care, I’m sure that my fathers insurance would have been liable for that also.
I have more info on this now.
Northbound traffic at standstill and pedestrian just walked out between the stationery cars at the green light crossing and into the path of the southbound car with no warning and milliseconds to react. Not a junction just a traffic light controlled crossing. Not visible until in the cars path. Black box put cars speed under the speed limit and 3 witnesses all came forward to say not drivers fault, and one suspected pedestrian was not acting normally prior to the crash so maybe mental illness/under the influence of something.
Reported to insurance and Police who have no so far taken details but not visited the driver and seem not interested, didn't attend the incident. Seems driver was in the wrong place at the wrong time and could have happened to anybody.
Seems unfair the driver will have to pay an excess to get the light damage to the car repaired but just wanted to check that there was no way of claiming off the pedestrian which you all confirmed, so thank you PH.
Northbound traffic at standstill and pedestrian just walked out between the stationery cars at the green light crossing and into the path of the southbound car with no warning and milliseconds to react. Not a junction just a traffic light controlled crossing. Not visible until in the cars path. Black box put cars speed under the speed limit and 3 witnesses all came forward to say not drivers fault, and one suspected pedestrian was not acting normally prior to the crash so maybe mental illness/under the influence of something.
Reported to insurance and Police who have no so far taken details but not visited the driver and seem not interested, didn't attend the incident. Seems driver was in the wrong place at the wrong time and could have happened to anybody.
Seems unfair the driver will have to pay an excess to get the light damage to the car repaired but just wanted to check that there was no way of claiming off the pedestrian which you all confirmed, so thank you PH.
OK, playing devil's avocado for the sake of argument.
Green light doesn't mean go, it means go if it's safe to go. If you're approaching a green light and the traffic on the opposite side of the road is at a standstill, maybe you should be proceeding with extra caution, for just this eventuality.
Green light doesn't mean go, it means go if it's safe to go. If you're approaching a green light and the traffic on the opposite side of the road is at a standstill, maybe you should be proceeding with extra caution, for just this eventuality.
Under those conditions, the drivers on the southbound carriageway need to extra careful and slow down below the speed limit anticipating that pedestrians may emerge from between the stationary cars on the opposite carriageway. See the case referred to above, and the driver in this case will be lucky to get away without being charged with something. It's not up to the witnesses to pronounce on whether the driver of the car was guilty of an offence or not; their role is purely relaying what happened.
Of course the driver can claim off the pedestrian as the pedestrian can claim off the driver.
Very unlikely pedestrian will be entirely to blame so driver needs to hope the pedestrian isn't too badly injured and won't be off work too long.
The inevitable comments made here relating to children are not helpful because the standard of care owed to a child is greater than that owed to an adult.
Hopefully driver has learned how to approach a pedestiran crossing when they can't see that it is safe to proceed.
Very unlikely pedestrian will be entirely to blame so driver needs to hope the pedestrian isn't too badly injured and won't be off work too long.
The inevitable comments made here relating to children are not helpful because the standard of care owed to a child is greater than that owed to an adult.
Hopefully driver has learned how to approach a pedestiran crossing when they can't see that it is safe to proceed.
Well I hope the pedestrian recovers but also the driver, knocking some one over is a complete head wreck.
Regarding damage to the drivers car, this is down to the drivers insurance assuming fully comp, yes it feels wrong but the car will get fixed.
Regarding fault, IMO the driver would be considered at fault a) there is a pedestrian crossing so more vigilance is justified/expected, b) the stationary traffic in the other lane heightens the chance of someone trying to cross. Being under the speed limit whilst correct, the driver failed to anticipate the hazard and should have slowed down.
I would not be surprised if a driving without due care ticket arrives.
Regarding damage to the drivers car, this is down to the drivers insurance assuming fully comp, yes it feels wrong but the car will get fixed.
Regarding fault, IMO the driver would be considered at fault a) there is a pedestrian crossing so more vigilance is justified/expected, b) the stationary traffic in the other lane heightens the chance of someone trying to cross. Being under the speed limit whilst correct, the driver failed to anticipate the hazard and should have slowed down.
I would not be surprised if a driving without due care ticket arrives.
solo2 said:
Reported to insurance and Police who have no so far taken details but not visited the driver and seem not interested, didn't attend the incident. Seems driver was in the wrong place at the wrong time and could have happened to anybody.
Amazingly, my wife had a non-accident (zero contact) and on the strength of the pedestrian’s fabricated statement the police sent her a NIP for 3 offences! Seems your driver is getting off lightly if there was contact!Chris
Edited by ScoobyChris on Wednesday 24th January 20:42
Speed Matters | Speed, Plod & the Law | Top of Page | What's New | My Stuff