how not to filter and make friends with pedestrians

[NTECUK]

Originally Posted by Luckypants

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.

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.

Not saying you lie.
What I'm saying is that if you try to exercise your right of way and be fall a loss.the other party are not wholly responsible.

The origin of it comes from the days of hoarse draw carriages.
We did it as part of the operators license qualifications studies.back in the 80 's
And before you ask I was'nt there...

[Balky001]

If you filter you pay attention. Just because pedestrians are soft doesn't mean you shouldn't be aware of them. Most accidents aren't just 1 persons fault though and both contributed to the collision.
i
The pedestrian got up in shock and walked off IMO, not because she felt guilty. She'll be sore tomorrow though

They are both at fault, he should have seen her because she was definitely visible, therefore she should have seen him for the same reason. I do agree with the comment that she may have felt some embarrassment or fault because she did not stop, he did at least try to see if she was ok.

[Dipper]

Originally Posted by Biker Biggles

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?

AFAIK not law in the UK or likely to be apparently, however it has been considered as I believe this is the case now in some other European states.

I commute on that road quite often and it is a nice wide road with plenty of space for filtering and gives great vision. I would suggest this guy is a new rider as he is riding a cbf125. The accident was totally avoidable and the lady was wearing bright clothing. Both in the wrong really, she should of looked before passing stationary cars especially as York is over run with stupid cyclists who filter at stupid speeds in stupid places. (There r good cyclists too). Motorcyclists should of had better obs, and should of slowed for the van pulling up to junction and been a bit more vigilant.
Ps tough old bird. Bounced off bike hit floor n car then walked off! Boss

[ophic]

Everyone watches out for people doing stupid things, but you shouldn't be held responsible for someone else doing something stupid.

The old lady was stupid. Walked into road without looking. Her fault, simple. If she wasn't stupid, the situation would not have arisen.

Whilst we do try our best, if there's several people doing stupid things on the road at the same time, it's impossible to watch them all. Therefore the onus has to be on people not to do stupid things! And for all we try to avoid them, someone will come along doing something so stupid that there's nothing you can do.

For all we know the biker was momentarily distracted by something stupid happening somewhere outside the field of view of the camera. Even if his observations suck, this accident was not his fault in any way.

I actually thought he did a pretty good job of braking down to a slow enough speed that the old lady only got knocked over, whilst staying upright.

[Luckypants]

Originally Posted by NTECUK

Not saying you lie.

I was using a figure of speech, meaning if you prove me wrong it makes me 'a liar' - no offence was taken or intended.

So far everyone saying the pedestrian always has right of way has not backed that up with evidence to back that up. If a pedestrian steps out into traffic without looking, they are at fault as far as I'm concerned until proven otherwise.

[NTECUK]

Originally Posted by Luckypants

So far everyone saying the pedestrian always has right of way has not backed that up with evidence to back that up. If a pedestrian steps out into traffic without looking, they are at fault as far as I'm concerned until proven otherwise.

It's not so much a right of way issue.
It's exerting your rights of way, and how it's treatment is received.
Remember . The incident with the girl who stepped in the road one of our forum hit.
Clearly had a right of way. But still got a claim from the girl.
You can say that the woman din't look, but she may have looked and expected the bike to be moving slower. And miss judges the dash cross the road.

[ophic]

Originally Posted by NTECUK

And miss judges the dash cross the road.

Misjudges, ie makes a mistake. And that makes it her fault.

[Bibio]

if this was in the hazard perception test then the biker would have failed, why? due to being able to see the hazard unfold. if the camera seen it then the biker should have seen it and failure to see it makes the biker at fault due to not paying 'due care and attention'. it makes no odds that it was a pedestrian as it still contributes as a hazard.

the pedestrian is not a road user as they have not had to pass a test to be able to walk along the street or cross the road no matter what the green x code states as the green x code is not a law it's advice and pedestrians are not required to read the highway code. being in control of a vehicle requires you to have a licence and with that licence comes rules and laws regarding its use which are set out in the highway code but not limited to.

the traffic was stationary so the pedestrian decided using their own judgement to cross the road. the biker was filtering so should have been paying extra care to how they were driving/riding due to increased hazards, knocking the pedestrian down shows that the biker was not paying attention.

the only time that a pedestrian does not have right of way is on a motorway and some dual carriageways as there are signs stating that no pedestrians, horse drawn carriages, cyclists or motor vehicles under 50cc are permitted.