Right of way - liability ?

[very-near]

Theoretical question.

If you are cycling down the road and someone steps off the kerb into your path. You cannot stop in time and hit them, and both yourself and they sustain identical injuries.

Who does the liability lie with. Them, you, or both ?

 

[col]

Theoretical question.

If you are cycling down the road and someone steps off the kerb into your path. You cannot stop in time and hit them, and both yourself and they sustain identical injuries.

Who does the liability lie with. Them, you, or both ?

I would say them. as they stepped out into the road.

 

[LordoftheTeapot]

You

 

[Riding in Circles]

Theoretical question.

If you are cycling down the road and someone steps off the kerb into your path. You cannot stop in time and hit them, and both yourself and they sustain identical injuries.

Who does the liability lie with. Them, you, or both ?

You, pedestrians always have right of way and you should be riding in a way that allows for unexpected circumstances, if you cannot stop in time then you are going to fast for the prevailing environment.

 

[LordoftheTeapot]

You, pedestrians always have right of way and you should be riding in a way that allows for unexpected circumstances, if you cannot stop in time then you are going to fast for the prevailing environment.

I was going to say some thing along these lines, but I'm running short of ink.

 

[very-near]

You, pedestrians always have right of way and you should be riding in a way that allows for unexpected circumstances, if you cannot stop in time then you are going to fast for the prevailing environment.

Even when they sprint out from behind a parked car or bus without looking ?

 

[mr_hippo]

No one has 'right of way'.

 

[theclaud]

No one has 'right of way'.

Pedantic. He asked who would be liable. Who've you run over, Linf?

 

[very-near]

Pedantic. He asked who would be liable. Who've you run over, Linf?

No one 'yet'

 

[col]

You, pedestrians always have right of way and you should be riding in a way that allows for unexpected circumstances, if you cannot stop in time then you are going to fast for the prevailing environment.

Going on this a pedestrian will never be liable with anything on the road? does that include mags vid where the car nearly went into the side of him, replace the car with a pedestrian, or even just in front? It does happen.

 

[theclaud]

No one 'yet'

Jolly good. Try and keep it that way, eh?

 

[Wigsie]

Pedantic. He asked who would be liable. Who've you run over, Linf?

Ha ha... it does soundlike one of those "This guy I know has this problem" type of scenario's

I think the general rule of thumb is that if you cant stop you were going to fast...

However its not that black and white, you do get people literally walking/running out into you or 1 yard infront and even if you had ceramic disc brakes and were going 5 mph you couldnt have stopped... then it may well be theirs.

I was told by my driving instructor that once a Ped steps onto the road they have right of way! Think I may walk down the M20 on the way home.

 

[very-near]

So if I am sat on a side road and cycle out in to the main road across the path of a moving car - and a car hits me, it is my fault, but if I run out into the road from the same position but on foot pushing my cycle instead, it is the cars fault ?

 

[Mayniac]

Surely this depends as to whether they took due care when stepping into the road. If they saw you, and stepped out anyway, causing you to crash,then they, to some extent, are at fault. (This would probably depend on the speed you were travelling at, how far ahead of you they were when they stepped out etc, all of which would probably be your word against theirs in court.) If they didn't look, then there could be an element of contributary negligence. There is a common law duty of care to others that needs to be taken into consideration, along with accepted codes of behaviour that are well established in society. i.e. don't step into the road without looking.

On my way home I ride through a couple areas where the kids will pull such stunts just for the hell of it. Rights of way don't enter into it when there's a dozen of them waiting for 'something to occupy them.'

 

[theclaud]

Surely this depends as to whether they took due care when stepping into the road. If they saw you, and stepped out anyway, causing you to crash,then they, to some extent, are at fault. (This would probably depend on the speed you were travelling at, how far ahead of you they were when they stepped out etc, all of which would probably be your word against theirs in court.) If they didn't look, then there could be an element of contributary negligence. There is a common law duty of care to others that needs to be taken into consideration, along with accepted codes of behaviour that are well established in society. i.e. don't step into the road without looking.

On my way home I ride through a couple areas where the kids will pull such stunts just for the hell of it. Rights of way don't enter into it when there's a dozen of them waiting for 'something to occupy them.'

The point is that pedestrians don't in themselves cause any danger - the danger is a result of people trying to move fast around them. If you can't see that an area you are in is clear of pedestrians, you ought to be going slow enough that you can stop quickly if one appears.