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Old 01-05-14, 02:29 PM   #11
Bibio
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Default Re: how not to filter and make friends with pedestrians

i hate to say this but a pedestrian is NEVER at fault, full stop end of. it's up to motorist to be alert and aware of what is around them at ALL times. its not the USA we live in there is no such law as jaywalking in the UK.

head up, eyes open and brain on. that biker was clearly head down, tunnel vision and brain off.
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Old 01-05-14, 02:39 PM   #12
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Default Re: how not to filter and make friends with pedestrians

While I will agree that the rider should have been more alert and seen what was happening, I will not agree that it is his fault. The pedestrian stepped into a roadway where there was traffic (the bike) which had right of way and caused an accident - she is 'at fault' IMO.
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Old 01-05-14, 02:44 PM   #13
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Default Re: how not to filter and make friends with pedestrians

Well regards another SV members experience re collisions with pedestrians
http://forums.sv650.org/showthread.p...light=ACCIDENT
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Originally Posted by kiggles View Post
lesson to learn here. If your going to hit someone due to their ignorance do it in a car and do it properly. So if your going to loss your no claims bonus make the most of it. Darwin's evolution applies. We all know well that I could have easily broken bones and got bad injuries and got F*** all for it as i am third party and people would still have no sympathy for a young 24 male biker.

But happily feel sorry for a young 25 blonde bimbo of a mother. But there you go its reality. None the less NCB gone.

But in all seriousness other countries are much worse of accidents so I tend to feel happy I dont have a missing leg .
"The pedestrian stepped into a roadway where there was traffic (the bike) which had right of way and caused an accident - she is 'at fault' IMO.

The Highway code disagrees (https://www.gov.uk/general-rules-all...ers-103-to-158)
1. Overview

This section should be read by all drivers, motorcyclists, cyclists and horse riders. The rules in The Highway Code do not give you the right of way in any circumstance, but they advise you when you should give way to others. Always give way if it can help to avoid an incident.
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Old 01-05-14, 02:50 PM   #14
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Default Re: how not to filter and make friends with pedestrians

12 seconds in you can see her if your really looking

14 seconds if your looking about

16 seconds You should have seen her

17 seconds too late

18 seconds Boom
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Old 01-05-14, 02:55 PM   #15
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Default Re: how not to filter and make friends with pedestrians

Its not about right or wrong
Its about your NCD and license the heart ache and hassles
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Old 01-05-14, 02:55 PM   #16
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Default Re: how not to filter and make friends with pedestrians

Quote:
Originally Posted by Bibio View Post
i hate to say this but a pedestrian is NEVER at fault, full stop end of. it's up to motorist to be alert and aware of what is around them at ALL times. its not the USA we live in there is no such law as jaywalking in the UK.

head up, eyes open and brain on. that biker was clearly head down, tunnel vision and brain off.
I have to disagree with the word NEVER. If you walk out into traffic without looking, you have contributed toward the accident. Little children are taught never to walk out from between parked cars for good reason. Had he been driving, and without the height and visibility advantage of a bike, it would have looked entirely her fault because she would have literally appeared without warning. As it was, the rider bears some responsibility because he should have seen her. It doesn't make the walking out any less stupid though.
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Old 01-05-14, 03:01 PM   #17
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Default Re: how not to filter and make friends with pedestrians

I realise the Highway code does not give me right of way. The LAW however does and if you are in a roadway you have right of way over traffic entering it and that includes pedestrians. You point out the Highway code section for vehicles, I'll point out the section for pedestrians https://www.gov.uk/rules-pedestrians-1-to-35 and rule one specifically states to look both ways before stepping into the road. I understand why drivers of vehicles should be more vigilant BUT all road users have a responsibility to check it is safe to make a manoeuvre. As soon as she stepped into the road she is a road user.

Feel free to point out the law / case law that makes me a liar here, but in the absence of that she is in the wrong. She knows she is in the wrong too as she does one after jumping up.
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Old 01-05-14, 03:50 PM   #18
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Default Re: how not to filter and make friends with pedestrians

Not a bad looking bird that.
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Old 01-05-14, 04:40 PM   #19
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Default how not to filter and make friends with pedestrians

The woman's reaction after the collision speaks volumes IMO. She can't wait to get the hell outta there, likely through feeling very embarrassed. I bet that getting hit by that bike bloody hurt but she was up and gone pretty darn quick.

Most pedestrians who had just been struck by a vehicle would likely want to remonstrate with the rider and probably get his details as well as those of the witness' to file a compo claim for injuries sustained (real or not).
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Old 01-05-14, 05:08 PM   #20
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Default Re: how not to filter and make friends with pedestrians

Quote:
Originally Posted by Bibio View Post
i hate to say this but a pedestrian is NEVER at fault, full stop end of. it's up to motorist to be alert and aware of what is around them at ALL times. its not the USA we live in there is no such law as jaywalking in the UK.

head up, eyes open and brain on. that biker was clearly head down, tunnel vision and brain off.
Not just,fair or right but I fear Bibio may be correct.Somewhere in the depths of my befuddled brain I seem to recall that the law now makes an insured motor vehicle automatically liable for paying out to a pedestrian or cyclist injured in an RTA.This because otherwise no one would be liable for their injuries,so the state would have to support them.Or did I make that up?
As for the OP,there was definitely poor obs there,but the incident was caused by the dozy pedestrian.If another motor vehicle had pulled out without looking there would be no doubt,but as it was a meandering old woman I think the verdict might go the other way.
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