Placing fault for an accident involving a pedestrian and a vehicle often depends on the individual circumstances. The main questions to be asked would be what was the speed of the vehicle? When or how quickly did the pedestrian step into the road? And was the driver aware of their surroundings?
Even though a pedestrian could step out suddenly, not giving the vehicle time to react, the law is very pedestrian friendly. With that I mean that the law seems to be built around placing the blame or most of it, on the motorist.
However, pedestrians do still have a duty to be vigilant and also aware of the traffic conditions etc… There have been several safety campaigns for pedestrians and the most memorable is likely to be the Green Cross Code. Pedestrians should find a safe place to cross and then…
- Stop
- Look
- Listen
I am more than sure that you will remember the cute little hedgehog in the TV Adverts for this.
So what is a safe place to cross? Pedestrian crossings should be used at all times where possible. These include traffic light controlled crossings, Zebra, Pelican and Puffin crossings. I know, who named them?
At a traffic light controlled crossing, when the constant green man is showing for a pedestrian then they have the right to assume that any motorists will stop, after all their light is on red. If a pedestrian is hit on the crossing whilst the green man is constant then the fault will rest with the motorist.
When the green man is flashing, if you are already on the crossing and proceeding to the other side then, if you are hit, the fault is still likely to rest with the motorist as you still have right of way on the road. However, if you approach the crossing whilst the green man is flashing, you should not begin to cross.
The law is so pedestrian friendly that even when the light is showing red for the pedestrians and you cross the road which results in you being hit by a vehicle, the blame still may not rest with the pedestrian however it is likely to be split between the parties. Although you should not cross when the light is red, drivers also have to be aware of their surroundings when approaching crossings and should be ready for any pedestrians stepping into the road.
Zebra crossings are different. Pedestrians have an absolute right to cross whenever and however, suddenly, the blame will rest with the motorist if a collision occurs. Again, drivers need to be extremely cautious when approaching this type of crossing.
So, if any of the above sounds familiar and you, as a pedestrian, have been hit and injured by a motorist, then please call our free claims line on 08745 634 7575 for advice.