Pedestrian Collision

[DrLex]

Don't worry, someone will be along in a minute to blame the lorry.

:-)
I was thinking "if he'd have been doing mid-twenties, he'd have been past the pedestrian"...

 

[goody]

From he OP's drawing it looks like a very large lorry. Crossing the road in front of one of these whilst theyr'e in stationary traffic and not at a crossing or traffic light is madness the driver of the lorry might not be able to see the pedestrian and move off without knowing they're there. When one of those runs you over you normally only come out under a sheet.

 

[Cp40Carl]

This can operate at two levels - traffic violations and civil torts (negligence). In terms of the latter, the pedestrian is likely to be held liable as he or she entered the cycle lane without looking (although could evade liability if could show that not aware of cycle lane, possibly due to narrow field of vision when crossing next to lorry). If the pedestrian is found to be negligent, however, it may be that you could also be liable, by way of 'contributory' negligence, if it was reasonably foreseeable that a pedestrian may emerge from the side of the lorry and cross in front of you and you did not adjust your speed to that possibility, or failed to slow down after having seen the pedestrian approach the cycle lane without any apparent intention to stop or look around.

In such cases, any damage award in your favour would be reduced by a percentage based upon the level of contributory negligence on your part. If you think that the pedestrian will sue then go and see a lawyer.

I haven't gone into the traffic violation side of things but hope that the above might give you an idea of some of the general legal principles that may apply should the pedestrian bring an action against you in the civil courts.

 

[goody]

If you'd been going at 25mph you would have passed before they stepped out.
Ride faster next time.

 

[_aD]

[QUOTE 3586560, member: 45"]The correct reply is that you should always anticipate and prepare for a pedestrian appearing from a gap in front of a truck as happened with you.
The reality is that this would mean you riding at 3mph all the way down the line.[/QUOTE]

One of my favourite cycle tracks through town, which I use every time I ride there, is dotted with blind entrances along its length.

The correct way is that you should always anticipate and prepare for a pedestrian appearing from a gap in front of the bush/adjoining wall etc. The reality is that this would mean riding at 10mph all the way down the track. So I do. I have never hit a pedestrian.

 

[glenn forger]

I haven't gone into the traffic violation side of things.

Cos there aren't any.

 

[buggi]

It was 19mph, that's not exactly head down busting a gut. I am not a fan of this "you must slow down to a suitable speed to avoid morons who might do something stupid in front of you" attitude that seems to be getting more and more common on here. What is a suitable speed? In @buggi 's example above the only safe thing to do was to stop, get off and walk past the lorry, or go at less than walking speed. Who in reality does that? This is the real world and other road users should take care when using the road, but to expect everyone to come to an almost stop when using a cycle lane in this instance just will not happen. Personally I don't filter nor use cycle lanes, too dangerous!

I do not cycle thinking about the "what if" scenarios, if I did I wouldn't get on my bike, car or motorcycle. I have to trust that other people take as much reasonable care as I do.

Or the other option... Slow down until you ascertain nothing is coming, whether a car or pedestrian.
i think your trust is seriously misplaced. "To err is human". Everybody makes mistakes... and i hope for your sake that if a driver hits you, albeit his responsibility, you don't spend the rest of your life in a wheel chair wishing you'd slowed down and could possibly have avoided it.. Because no amount of compensation will fix that.

 

[glenn forger]

So when you're driving buggi you slow to a crawl every time you pass a parked car?

 

[HLaB]

Not really your fault but you can anticipate it a bit and reduce speed when something stupid may occur. That anticipation however, is only something you'll gain through experience.

 

[Cuchilo]

Not an opinion on what happened to the op but in traffic I always slow down and check no one is crossing / stepping between traffic . Only because when I started cycling I stopped for a young lady that had been knocked off by a ped stepping back out of traffic . Her head wound from hitting the curb was very nasty and its stuck in my mind that she was just out for a ride and her day/ weekend had been ruined because of something so silly and it could have been avoided . An accident .

 

[Stinboy]

It was 19mph, that's not exactly head down busting a gut. I am not a fan of this "you must slow down to a suitable speed to avoid morons who might do something stupid in front of you" attitude that seems to be getting more and more common on here. What is a suitable speed? In @buggi 's example above the only safe thing to do was to stop, get off and walk past the lorry, or go at less than walking speed. Who in reality does that? This is the real world and other road users should take care when using the road, but to expect everyone to come to an almost stop when using a cycle lane in this instance just will not happen. Personally I don't filter nor use cycle lanes, too dangerous!

I do not cycle thinking about the "what if" scenarios, if I did I wouldn't get on my bike, car or motorcycle. I have to trust that other people take as much reasonable care as I do.

You should. No matter what form of transport you are on/in. There is no way I am going to risk my life assuming that other people take the same amount of care as I try to. 19mph alongside stationary traffic is reckless.

I'm new to this forum and am really surprised that there's even a conversation about this....

 

[S.Giles]

It was 19mph, that's not exactly head down busting a gut. I am not a fan of this "you must slow down to a suitable speed to avoid morons who might do something stupid in front of you" attitude that seems to be getting more and more common on here.

As has been mentioned several times, 19mph is much too fast for the road conditions described. It seems that your policy is to ride as fast as you like and hope nothing untoward happens. One day your (and/or someone else's) luck may run out.

I do not cycle thinking about the "what if" scenarios, if I did I wouldn't get on my bike, car or motorcycle. I have to trust that other people take as much reasonable care as I do.

When I was training for my pilot's licence, thinking 'what if' is exactly what I was told to do. 'What if the engine stops right now?' is a particularly important one. Of course, it shouldn't stop, but assuming that it won't just isn't good enough. If road users took care to ensure the same margins of safety that pilots adhere to, then traffic accidents would be a much less frequent occurrence.

Rest assured though, people don't always take reasonable care. It only takes a moment's inattentiveness. I discovered that the hard way a couple of years ago.

 

[slowmotion]

I don't think the cycle lane is relevant. The pedestrian was crossing a road in traffic and has a responsibility for their own safety....BUT....we live and ride in the real world. If I'm riding in slow moving or stationary traffic I try and make sure that I can spot them crossing between vehicles like lorries or buses before I cross the gap. It's not always easy, and you can't anticipate every event, but it's a good idea to assume that something sudden is going to happen. Who cares about who is at fault? I just want to stay upright and unhurt, and I hope pedestrians stay that way as well.

 

[Cp40Carl]

↑
I haven't gone into the traffic violation side of things.

Cos there aren't any.

I was thinking about s28-29 Road Traffic Act 1988 dangerous or inconsiderate cycling. This applies to pavements as well as roads although I'd have to look at this further to confirm it encompasses cycle lanes. There may also be bye law infringements.

 

[glenn forger]

None of that applies. That's why you will be unable to find any case, anywhere, where a pedestrian walking into a lane successfully claims damages.