Hitting a pedestrian

[Peter Armstrong]

On another note, I stepped out in front of a train the other day from a bush, the train didn’t anticipate my suicide attempt and therefore should buy me new legs, and anyway it had for more kinetic energy than me so must deffo pay out.

 

[cd365]

So @spen666 what is the legal stance here? I'm very interested to know, thanks

 

[GrumpyGregry]

How do you know I didn't slow down already? Maybe I wasn't going that fast in the first place? My point was that he decided to cross when I was just yards from him - whether I had slowed down or not was irrelevant by this point.

If people cycled the way you suggest, they would have to slow to virtual standstill every time they passed a pedestrian who they had not made eye contact with. I suspect you don't cycle the way you tell others to either.

I suspect that most people cycle exactly the same way they drive... on auto-pilot in respect of other road users that they don't perceive as threats.

And how can your speed ever be irrelevant in avoiding a collision?

 

[Peter Armstrong]

Railway lines are fenced off with no right of access.

On another note, I stepped out in front of a train truck the other day from a bush, the train Truck didn’t anticipate my suicide attempt and therefore should buy me new legs, and anyway it had for more kinetic energy than me so must deffo pay out.

 

[GrumpyGregry]

So, to give an extreme example - if I jump out from behind an advertising board in front of you as you cycle past, it will be your fault because you had more kinetic energy?

Or, another example. One of my friends is very overweight - he is about 30 stone. He has more kinetic energy moving at 1mph than my 24kg daughter does on her 7kg bike at 37mph (c.17.8kJ joules vs 18 kJ) If she rides into him at 37mph (unlikely with stabilisers, admittedly) who is to blame?

You can't ascribe blame according to physics.

You can, and we do, ascribe responsibility according to physics. Or HGV licenses would be free with cornflakes.

 

[GrumpyGregry]

On another note, I stepped out in front of a train truck the other day from a bush, the train Truck didn’t anticipate my suicide attempt and therefore should buy me new legs, and anyway it had for more kinetic energy than me so must deffo pay out.

Suicide? So deliberate. Determined. Not a lapse in judgement.

And thus eff all to do with the circumstances of the original post.

 

[Peter Armstrong]

Suicide? So deliberate. Determined. Not a lapse in judgement.

And thus eff all to do with the circumstances of the original post.

On another note, I stepped out in front of a train truck the other day from a bush, the train Truck didn’t anticipate my suicide attempt lapse in judgement and therefore should buy me new legs, and anyway it had for more kinetic energy than me so must deffo pay out.

 

[Dan B]

Why the assumption that there wasn't? Perhaps that says more about your potential bias than anything...

Assumption or presumption?

 

[GrumpyGregry]

Why the assumption that there wasn't? Perhaps that says more about your potential bias than anything...

Perhaps it does. Perhaps it doesn't.

Were you exercising the utmost caution in the run up to your collisions then? I'd have thought you, of all people in here, would have mentioned that in your narrative...

 

[GrumpyGregry]

On another note, I stepped out in front of a train truck the other day from a bush, the train Truck didn’t anticipate my suicide attempt lapse in judgement and therefore should buy me new legs, and anyway it had for more kinetic energy than me so must deffo pay out.

Still eff all to do with the OP. But do keep trying.

 

[Peter Armstrong]

Still eff all to do with the OP. But do keep trying.

On another note, I stepped out in front of a train truck the other day from a bush, the train Truck didn’t anticipate my suicide attempt lapse in judgement and therefore should buy me new legs, and anyway it had for more kinetic energy than me so must deffo pay out.

 

[Markymark]

Cyclists have been killed by a pedestrian suddenly stepping in the road without looking as the cyclist may serve ti avoid or fall into the path of oncoming traffic after collision.

I regularly see pedestrians walking in same direction as my cycling but think the cars are a long way from the kerb so step into the road before looking back only to five themselves stepping directly in front of a cyclist. I usually ride further away from the kerb but I've seen a pedestrian without any obvious clues step right in front of a cyclist. Luckily it was a tiny bump as cyclist was going slowly but could easily been worse. I have no doubt who was at fault.

 

[Bman]

What law requires pedestrians to behave with a "duty of care" ?

As far as I'm aware, there isnt any. Although stupid, stepping out in front of moving traffic isnt illegal.

As crappy as the situation is, this means that the cyclist is entirely at fault.

 

[w00hoo_kent]

Isn't there a general presumption that people don't do things that put other people in danger of injury?

Pedestrians figure on my 'danger radar' as do solid items I can't see past (because a pedlemming may be hidden behind them) I'm yet to hit one, I've had a few decide the road was the safe place for them to the contrary of all evidence, I find a shout works. A lot of my riding is balancing probabilities.

 

[Cycling Dan]

People here are suggesting that no matter how a ped is never at fault or has any remote responsibility if someone hits them. This is plain stupid

From some people they would say in cases like below the ped has no fault.

I'm sorry but if your the idiot in the situation then you are at fault

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