Shifting blame

[Tanis8472]

Is it just me, or does this article seem to shift the blame from the driver that killed a pedestrian to the pedestrian because he wasn't wearing hi-vis.

Your thoughts please/.

 

[DCLane]

Taking the statements in a different order:

"I had pulled over to left side of the lane to let an oncoming car pass. I saw colour on the left but it was too late. There was a bang and the windscreen broke. I saw a body on the verge. I asked a lady who had stopped to call 999."

Mr Hutchinson was driving along Priory Road in Fishtoft when he felt something hit his car and shatter the windscreen. He immediately stopped his car, leaving the engine running, lights on and music playing loud - and jumped out the car.

Dr Murray Spittal, South Lincolnshire Coroner, said the conclusion was accidental death. He said: "Mr Whiting left his home to go for a walk down Priory Road. It was dark when the collision happened. Mr Hutchinson was compromised by the dipped beam of an oncoming car."

OK - a summary:

He was driving, loud music on and pulled in. He didn't see the pedestrian because they were in dark clothing. But ... he should have been looking at the whole road, not just the oncoming car.

I'd agree that it does read like the pedestrian's fault they weren't in something brighter.

 

[Beebo]

IMO it doesnt blame the pedestrian, but it doesnt blame the driver either.
It just says "oh dear, it was dark and these things happen."
The driver should have taken more care. The trouble is I imagine that we have all driven down country roads and either been blinded by on coming lights or the sun, I know i have.

 

[Tanis8472]

in which case you slow down surely!!

 

[Drago]

it's fairly typical of the roads around Drago Towers, and I wouldn't walk them at night without a torch for just that reason.

Conversely, I'm also a car driver and I'm aware that pedestrians, deer, broken down cars, unlit skips etc can be the damnedest things so I'd drive at a speed commensurate with that knowledge. The driver is without doubt at fault, but had the ped done more to make himself conspicuous they might be alive today. The victim may not be to blame, but that doesn't mean their actions were not unwise.

 

[goody]

Maybe it's too easy to get a driving licence.

 

[Brandane]

Maybe it's too easy to get a driving licence.

It's not too easy to get a licence, it's too easy to KEEP a licence. Or to drive without a licence.

 

[marinyork]

For me reading that piece one of the inexcusable bits was the time - around 6pm. Why the farking hell wouldn't you expect other things bikes, pedestrians around at that time?

 

[Salty seadog]

Regarding lights I think that they are too bright on some cars now. It might be great for the driver of one but me in my 14 year old toyota suffer much reduced vision where I just don't feel safe for a moment.

 

[Vapin' Joe]

Regarding lights I think that they are too bright on some cars now.

Exactly. It encourages people to drive faster than is safe at night and the bloody things blind oncoming drivers and riders.

 

[Tanis8472]

Worst of all are the HID put iinto reflector headlights. They cause scatter.

 

[Accy cyclist]

Walking on a pitch black road wearing dark clothing equals gambling with your life. I've had them appear at the last second when i've been driving on unlit roads. Even when the roads are lit they're still hard to see if not wearing reflective or bright clothing.

 

[Accy cyclist]

Appear from where?

From out the darkness i suppose.

 

[Poacher]

Mr Hutchinson was driving along Priory Road in Fishtoft when he felt something hit his car and shatter the windscreen. He immediately stopped his car, leaving the engine running, lights on and music playing loud - and jumped out the car.

It wasn't his car hitting something (a human being, presumably not moving particularly quickly), but something hitting his car, then. How unfortunate for him.

 

[Big Andy]

I don't think it shifts the blame at all, in fact I would suggest the article makes no attempt whatsoever to apportion blame and just seens to report peoples statements and a few facts. The pertinent part of the article is surely

A collision investigation concluded that Mr Hutchinson was driving well below the national limit, the limit on that section of road, and would not have seen Mr Whiting in time due to it being pitch black and not street lighting along the stretch of road.

A post mortem examination concluded he died as a result of head injuries.

Dr Murray Spittal, South Lincolnshire Coroner, said the conclusion was accidental death.

So accidental death, neither party to blame. Just a very sad and tragic accident. Sadly they happen.