hit pedestrian at junction
hit pedestrian at junction
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deltofe93

Original Poster:

25 posts

44 months

Sunday 22nd January 2023
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The initial message was deleted from this topic on 23 January 2023 at 16:16

stargazer30

1,720 posts

195 months

Sunday 22nd January 2023
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I had a kid literally jump in front of my car years ago. It was a low speed impact, less than 20mph but the car threw him like a rag doll, it was awful. The main thing is you stopped and called for help. If you’d left the scene you’d be stuffed.

You will take a hit on your no claims but that’s the least of it. I was lucky a local shop got the whole thing on hi res CCTV so the police checked it and no further action. I was shaky for months afterwards though behind the wheel and the insurance sent an investigator to gather proof in case of legal action.

The kid was fine other than cuts and bruises thank god.

sociopath

3,433 posts

95 months

Sunday 22nd January 2023
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You hit him, on a junction.

Even though you might not like to hear it, it's your fault, particularly with the clarification of the new highway code.

How far that goes depends what the police want to do, we can't offer advice there as weren't there and don't know how fast you were going, what the junction is like, and if there are any mitigating circumstances

Mr Squarekins

1,639 posts

91 months

Sunday 22nd January 2023
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The police will look at what he was wearing to judge how reasonable it was to see him. e.g if he was wearing dark clothes at dusk etc. Likely traffic police will do a reconstruction with same clothes, same time if day etc at the same speed etc again to see if there is evidence for further steps.

I guess you were breathalised etc to ensure no alcohol etc.



Dark85

709 posts

177 months

Sunday 22nd January 2023
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With the new rules emphasising that you must give priority to pedestrians when turning into a road, I think you're probably going to have a fairly hefty penalty.

It might be quite lucky the interview was postponed, as having some legal advice first is probably a good idea.

Is agt law still on here? He would probably be the best person to speak to if so.

kambites

71,462 posts

250 months

Sunday 22nd January 2023
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From what you've said, there's a good chance you'll be prosecuted for driving without due care and attention. The fact that you did everything you could to help afterwards will count in your favour; I'd imagine you'll be looking at something like six points and a fairly hefty fine.

KungFuPanda

4,639 posts

199 months

Sunday 22nd January 2023
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You’ll probably be done with driving without due care.

kambites

71,462 posts

250 months

Sunday 22nd January 2023
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deltofe93 said:
Are police quite reasonable? I am just so worried they will use me to make an example. I very annoyingly cut the corner slightly so no matter what will be deemed my fault.
It will be deemed 100% your fault anyway; I suspect it would be advisable to admit fault if you don't want a ban.

It wont affect your NCB if you don't claim, but a conviction for driving without due care will probably have a pretty hefty effect on your base insurance premium.

lost in espace

6,587 posts

236 months

Sunday 22nd January 2023
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Definately get legal representation.

bencollins4

1,239 posts

235 months

Sunday 22nd January 2023
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Fault isn’t really a talking point I’m afraid. Hitting a pedestrian is always going to be at fault and you would be lucky if you even get a contribution of negligence.

The rest is up to the Police - you won’t necessarily get charged with anything but a careless driving charge seems likely.

I’m afraid your insurers will put a chunky reserve against the claim regardless, but hopefully you are lucky and they don’t pursue anything.

Best of luck with it, could genuinely happen to anyone.

stargazer30

1,720 posts

195 months

Sunday 22nd January 2023
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deltofe93 said:
Will my no claims take a hit if they don't claim on my insurance? his wife didn't seem to bothered and she left the scene to do food shopping!

Are police quite reasonable?
Yes the police are reasonable, in my experience at least. Your insurance will take a hit regardless of if you or the 3rd party claims or not. You have to declare it as an accident and hitting a ped will load your premium. Obviously if you are charged and found guilty (let’s hope not) even more so.

megenzo

327 posts

165 months

Sunday 22nd January 2023
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Unfortunately for you, there was a new offence enacted last year of causing serious injury by careless driving. A broken bone is a serious injury and as pointed out, the new Highway Code indicates that pedestrians have a right of way when crossing at a junction .
I would seek legal advice. Even Paid for advice (rather than the free duty solicitor) may be worthwhile in either securing a driver improvement course, an acquittal, or a reduced sentence with mitigation.

QJumper

3,238 posts

55 months

Sunday 22nd January 2023
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deltofe93 said:
Are police quite reasonable? I am just so worried they will use me to make an example. I very annoyingly cut the corner slightly so no matter what will be deemed my fault.
In my experience the police are usually as reasonable with you, as you are with them.

It was your fault, however unfortunate, and any attempt to deny, mitigate or deflect blame will usually get their back up. Any unnecessary unreasonableness on their part is often diffused by accepting responsibility, and showing more concern for the other guy than yourself. Let your lawyer deal with defending you.

sunbeam alpine

7,249 posts

217 months

Sunday 22nd January 2023
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lost in espace said:
Definately get legal representation.
This x 1000

Sorry, but the police are not your friend. Never speak to the police under these kind of circumstances without a solicitor present.

essayer

10,410 posts

223 months

Sunday 22nd January 2023
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lost in espace said:
Definately get legal representation.
This

If you’re convicted of causing serious injury by careless driving, you will be disqualified

Edited by essayer on Sunday 22 January 18:28

Unreal

10,714 posts

54 months

Sunday 22nd January 2023
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deltofe93 said:
Hi,

New here. Turning into a junction from the brow of a hill on Friday evening. As I turn a pedestrian has stepped in the road and I've knocked him. (He' s 76).

I get out straight away and call the ambulance and they call the police. After lots of standing around and questions, I was invited for an interview this evening which was cancelled due to another incident taking priority and PC will rearrange with me later in the week.

The gentleman has broken his arm.

Has anyone experienced something similar? How serious is causing injury to a pedestrian, and could I be banned?
As always, it depends. Where did this happen?

Hammersia

1,564 posts

44 months

Sunday 22nd January 2023
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QJumper said:
deltofe93 said:
Are police quite reasonable? I am just so worried they will use me to make an example. I very annoyingly cut the corner slightly so no matter what will be deemed my fault.
In my experience the police are usually as reasonable with you, as you are with them.

It was your fault, however unfortunate, and any attempt to deny, mitigate or deflect blame will usually get their back up. Any unnecessary unreasonableness on their part is often diffused by accepting responsibility, and showing more concern for the other guy than yourself. Let your lawyer deal with defending you.
Don't think that's how it works, the police gather evidence, the CPS decides what to do. Being reasonable with the police is neither here nor there

LunarOne

7,316 posts

166 months

Sunday 22nd January 2023
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One thing I note is that the OP didn't say whether he/she felt at fault or not. It's not a certainty either way. There are several ways for a car to knock over a pedestrian without it being the driver's fault. The recent highway code changes just change who has priority, but it doesn't mean that pedestrians can cross the road with impunity. The police will interview the driver (and the pedestrian) to ascertain what happened. If there's any discrepancy in the stories and the facts evident at the time they attended are not clear, then they will appeal for witnesses.

It is possible that the road was clear when the driver began the turn, and the gent was walked into the road after the turn had commenced. Perhaps he was standing on the corner of the road talking to his wife and not making any indications that he was about to cross. Or perhaps he was hidden behind a vehicle, street furniture, or even the driver's A-pillar.


KungFuPanda

4,639 posts

199 months

Sunday 22nd January 2023
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Not much you can do if the Police decide to charge you for something arising out of this incident. As others have said, get legal representation.

In respect of a civil claim for personal injury, the pedestrian has up the three years to issue Court proceedings. It's down to them whether they want to bring a claim for personal injury. Advise your insurer of the incident for notification purposes only if you don't have any claim for damage to your own vehicle.

Katzenjammer

1,255 posts

207 months

Sunday 22nd January 2023
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If your insurance includes legal cover you should be using it!