If You Crash In To A Pedsetrian

[Wester]

On my commute home this evening a woman ran out from behind a high sided van right in to my path when I was going pretty fast I just managed to brake in time and avoid knocking her down

my question is if I had knocked her down and done her a serious injury could I have been in trouble with the law or on the other hand if I had got injured I guess she would have been the guilty party

 

[Drago]

If you're obeying the laws of the road and not behaving recklessly than you're very unlikely to be in trouble with the Bow Street Runners.

 

[vickster]

Technically you might be held to be at fault. Have a read of the Highway Code but I always assume any pedestrian has priority over other road users once in tne road. The HC states road users should take extra care where pedestrians may be present, keep out, slow down. Usually protection is afforded to the most vulnerable party, I.e. The pedestrian over a bike etc

Get third party indemnity insurance and legal cover through the CTC, British, Cycling, LCC, Wiggle etc which will cover you in the event someone claims against you in such a situation

 

[adamangler]

if she jumped out then im sure it would be her fault, if you were speeding or not well illuminated however im sure it would be your fault.

 

[glenn forger]

How close to the van were you? I'd be so clear of the van if I were going fast I'd miss any ped unless they flew out, which is unlikely.

 

[Drago]

Technically you might be held to be at fault. Have a read of the Highway Code but I always assume any pedestrian has priority over other road users once in tne road.

That arguably may arguably be the case once they're safely established in their position. However, their potentially higher vulnerability does not negate their ultimate duty of care to themselves not to behave in a reckless or unpredictable manner in a dangerous environment.

 

[NorthernDave]

The trouble is that this type of situation often ends in a "he said, she said" scenario especially if there are no independent witnesses, which is unwanted grief you can well do without.

For that reason, the cost of BC membership was money well spent for me - if anything happens, they've got it covered and will take care of it. It's cheap enough and I've had my membership fee and more back in discounts.

 

[Wester]

How close to the van were you? I'd be so clear of the van if I were going fast I'd miss any ped unless they flew out, which is unlikely.

As i have already said she ran out from behind the van

 

[glenn forger]

I understand. If a pedestrian runs ten feet into the road then I may collide with them. In several dozens of thousands of miles it's never happened.

 

[Wester]

I understand. If a pedestrian runs ten feet into the road then I may collide with them. In several dozens of thousands of miles it's never happened.

I understand . but in al those tens of thousands of miles how many times has a pedestrian ran out in front of you

 

[Wolf616]

This is exactly why I don't cycle on the planet Pedsetriana, their complete lack of cycling infrastructure is going to cause an inter-species war at some point if they're not careful. I know they aren't biologically adapted to use bicycles like us humans, but the number of ex-pats more than justifies some investment of Pedsetri-pesetas in hover cycle paths alongside their roads!

 

[fossyant]

Technically you might be held to be at fault. Have a read of the Highway Code but I always assume any pedestrian has priority over other road users once in tne road. The HC states road users should take extra care where pedestrians may be present, keep out, slow down. Usually protection is afforded to the most vulnerable party, I.e. The pedestrian over a bike etc

Get third party indemnity insurance and legal cover through the CTC, British, Cycling, LCC, Wiggle etc which will cover you in the event someone claims against you in such a situation

If the police force is Greater Manchester Police, then you'd be buggered. They hate cyclists, even if you get run over, they won't be bothered to investigate.

Shame that GMP have recently failed to investigate two serious injuries (mine and another cyclist in Ashton) because British Cycling's lawyers are just about to contact the Serious Incident Team and the Commissioner - you've really buggered this up !

 

[classic33]

If the police force is Greater Manchester Police, then you'd be buggered. They hate cyclists, even if you get run over, they won't be bothered to investigate.

Shame that GMP have recently failed to investigate two serious injuries (mine and another cyclist in Ashton) because British Cycling's lawyers are just about to contact the Serious Incident Team and the Commissioner - you've really buggered this up !

Next door's aint much better.

 

[Tin Pot]

For next time, take a shovel.

 

[PK99]

On my commute home this evening a woman ran out from behind a high sided van right in to my path when I was going pretty fast I just managed to brake in time and avoid knocking her down

my question is if I had knocked her down and done her a serious injury could I have been in trouble with the law or on the other hand if I had got injured I guess she would have been the guilty party

Under presumed liability, you would be liable.