So you are attempting to cross the road without using the crossing made for you because you don’t want to walk the distance to the crossing! Your waiting in the middle of the road as the traffic is coming thick and fast when all of a sudden BANG, right out of nowhere a bike having overtaken a few cars by pelting down the middle of the road crashes right into you.
Surely as you are just waiting and stood still, the accident can’t possibly be your fault, right?
Well, in a similar case of Snow V Giddins a pedestrian was in the middle of the road waiting to cross the rest of the way when a motorcyclist did the very same thing. Not far from where the man had crossed, the injured pedestrian could have waited in a central refuge which would have been safer than waiting in the middle of the road. Initially, the biker was held 100% responsible for the accident but then when the case was appealed by the bikers Solicitors, the Court Of Appeal decided that although the pedestrian was not negligent for failing to use the pedestrian crossing, he had taken an unnecessary risk which he could have avoided had he have waited safely in the central reservation.
Therefore, it is likely the Courts will find that where a pedestrian chooses not to use the safer option of using a pedestrian crossing or waiting in a central refuse is taking an unnecessary risk.
Because of this, the pedestrian in this case was held “25% at fault for the road traffic accident claim” and so he only received 75% of his compensation.
The outcome of this case and the Court of Appeals reasoning means that if you are knocked over as a pedestrian because you failed to use a pedestrian crossing then it is likely that your compensation will be reduced accordingly as you are taking an unnecessary risk. You must also be careful to assess the speed at which the cars on the road are travelling at; Not only do cars travelling at high speed cause more serious injuries but If you walk out and are hit by a speeding car, your damages will be reduced for failing to notice the high speed at which the driver was travelling.
Our thoughts:
Be safe, use pedestrian crossings and don’t risk your safety or your life. Always use a crossing if possible and make the effort to walk the distance to the crossing as taking short cuts can cause serious injury and to put it bluntly can kill!. Take notice of the speed of vehicles travelling on the road and again (as I want to drill this into you) if there is a crossing available…blimmin USE IT!
