What if you can’t see a pedestrian crossing the road?

[Mr Miata]

Last night I was driving along an unlit (or very badly illuminated) road. At the very last moment I saw a pedestrians face. It looked like had stepped out in front of my car rather than wait. He must have been wearing black clothes as I never saw his clothing.

Luckily I avoided running him over.

But it made me think, I couldn’t see him because of black clothes on an unlit road and I’m sure he deliberately stepped out in front of my car rather than wait. If he did get run over, whose fault would it have been? Does the car driver get prosecuted for running a pedestrian over or is this unavoidable and down to the pedestrians actions?

[rlw]

Basically, it's your fault.

[vaud]

rlw said:

Basically, it's your fault.

Caveat: I am not a lawyer.

Google "contributory negligence"

[NikBartlett]

The pedestrian should be told that they nearly got awarded a Darwin and the driver offered free counselling, stress therapy and free legal advice to sue the pedestrian. Regrettably in this topsy turvy world of fault the pedestrian always wins against a car driver no matter how stupid they are.

[Yellow Lizud]

You could have used your headlights!

[Zeeky]

My focus would be on how I could avoid a near miss with a pedestrian in the future rather than driving in fear of the consequences of a collision.

[Pica-Pica]

Mr Miata or Mr Magoo ?

[davek_964]

Mr Miata said:

Last night I was driving along an unlit (or very badly illuminated) road. At the very last moment I saw a pedestrians face. It looked like had stepped out in front of my car rather than wait. He must have been wearing black clothes as I never saw his clothing.

Luckily I avoided running him over.

But it made me think, I couldn’t see him because of black clothes on an unlit road and I’m sure he deliberately stepped out in front of my car rather than wait. If he did get run over, whose fault would it have been? Does the car driver get prosecuted for running a pedestrian over or is this unavoidable and down to the pedestrians actions?

I rather doubt you can be sure of that.

Either way - he was wearing black clothes. So what? When you get dressed in the morning, do you really think : Ah, I might go out for a walk later, and it might be dark, and I might be on an unlit road - I'd better not put black clothes on............

[The_Nugget]

davek_964 said:

I rather doubt you can be sure of that.

Either way - he was wearing black clothes. So what? When you get dressed in the morning, do you really think : Ah, I might go out for a walk later, and it might be dark, and I might be on an unlit road - I'd better not put black clothes on............

Yes, sometimes, why wouldn’t you?
Often see people, running, walking dogs etc with various fluorescent and reflective clothing, especially if the area doesn’t have a footpath. Common sense surely - why do you think companies make it…

[Kyp]

OP needs to go to specsavers or similar.

[OutInTheShed]

Kyp said:

OP needs to go to specsavers or similar.

Maybe even slow down so he can see enough road ahead?

[Steve Campbell]

The_Nugget said:

Yes, sometimes, why wouldn’t you?
Often see people, running, walking dogs etc with various fluorescent and reflective clothing, especially if the area doesn’t have a footpath. Common sense surely - why do you think companies make it…

Yep. My local pub (400m away) is down a narrow badly lit country lane. I don't necessarily wear reflective clothing but I use a torch or my phone torch if its dark - every time.

[CraigyMc]

Mr Miata said:

Last night I was driving along an unlit (or very badly illuminated) road. At the very last moment I saw a pedestrians face. It looked like had stepped out in front of my car rather than wait. He must have been wearing black clothes as I never saw his clothing.

Luckily I avoided running him over.

But it made me think, I couldn’t see him because of black clothes on an unlit road and I’m sure he deliberately stepped out in front of my car rather than wait. If he did get run over, whose fault would it have been? Does the car driver get prosecuted for running a pedestrian over or is this unavoidable and down to the pedestrians actions?

Your fault.

[OverSteery]

CraigyMc said:

Mr Miata said:

Last night I was driving along an unlit (or very badly illuminated) road. At the very last moment I saw a pedestrians face. It looked like had stepped out in front of my car rather than wait. He must have been wearing black clothes as I never saw his clothing.

Luckily I avoided running him over.

But it made me think, I couldn’t see him because of black clothes on an unlit road and I’m sure he deliberately stepped out in front of my car rather than wait. If he did get run over, whose fault would it have been? Does the car driver get prosecuted for running a pedestrian over or is this unavoidable and down to the pedestrians actions?

Your fault.

Err, care to explain on that one.

Note OP said "stepped out in front of my car"

I would say it depends on lots of stuff, but I think that the drivers insurance would pay out regardless of fault.

[Solocle]

davek_964 said:

Mr Miata said:

Last night I was driving along an unlit (or very badly illuminated) road. At the very last moment I saw a pedestrians face. It looked like had stepped out in front of my car rather than wait. He must have been wearing black clothes as I never saw his clothing.

Luckily I avoided running him over.

But it made me think, I couldn’t see him because of black clothes on an unlit road and I’m sure he deliberately stepped out in front of my car rather than wait. If he did get run over, whose fault would it have been? Does the car driver get prosecuted for running a pedestrian over or is this unavoidable and down to the pedestrians actions?

I rather doubt you can be sure of that.

Either way - he was wearing black clothes. So what? When you get dressed in the morning, do you really think : Ah, I might go out for a walk later, and it might be dark, and I might be on an unlit road - I'd better not put black clothes on............

Or, in a case I encountered a little while back, a pedestrian in dark clothing walking along the A303 at night, somewhere along here.

I saw them very late, because they were walking along the verge, rather than the carriageway, and so blended in with the hedge. I'd certainly have seen them sooner had they been in my path, and in any event I probably had time to swerve. Still makes you think though.

So why were they walking down a dual carriageway dressed in black? Well, the broken down car about a mile further on was a bit of a clue...

[Mr Miata]

davek_964 said:

I rather doubt you can be sure of that.

Either way - he was wearing black clothes. So what? When you get dressed in the morning, do you really think : Ah, I might go out for a walk later, and it might be dark, and I might be on an unlit road - I'd better not put black clothes on............

Yes I’m 100% certain he stepped out in front of the car. I’ve experienced it many times where pedestrians deliberately walk into the road, expecting the cars and vans to take avoiding action.

It’s probably the same mentality as those road users who deliberately pull out from a side road, as you’re on a main road passing the T junction. Rather than give way for an entire 2 seconds.

[Mr Miata]

Kyp said:

OP needs to go to specsavers or similar.

I do

[CraigyMc]

OverSteery said:

CraigyMc said:

Mr Miata said:

Last night I was driving along an unlit (or very badly illuminated) road. At the very last moment I saw a pedestrians face. It looked like had stepped out in front of my car rather than wait. He must have been wearing black clothes as I never saw his clothing.

Luckily I avoided running him over.

But it made me think, I couldn’t see him because of black clothes on an unlit road and I’m sure he deliberately stepped out in front of my car rather than wait. If he did get run over, whose fault would it have been? Does the car driver get prosecuted for running a pedestrian over or is this unavoidable and down to the pedestrians actions?

Your fault.

Err, care to explain on that one.

Note OP said "stepped out in front of my car"

I would say it depends on lots of stuff, but I think that the drivers insurance would pay out regardless of fault.

Sure.
If you can't see and "things happen at the last moment" then you're driving too fast for the conditions. If not hitting this pedestrian was luck, you're not driving properly.

Pedestrians don't need to be competent - they can be blind/deaf/both/drunk all quite legally. Drivers need to deal with them without running them over.

I'm fking amazed I need to explain this to you.

[Super Sonic]

Mr Miata said:

Yes I’m 100% certain he stepped out in front of the car.

Deliberately?

[Dave.]

A (not so) similar instance here, speed to blame, even if it wasn't excessive...



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