The consequences of a collision between a pedestrian and a motor vehicle are often devastating! The fault in these types of accidents depend on the circumstances of the collision and most of the time, the accidents are quite different. However the law surrounding these types of accidents 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 be 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…
So what is the duty of a driver to a pedestrian? The case of Donaghue v Stevenson has been applied to road users to show they owe a duty of care to those that may be affected by their actions or omissions; so a driver owes a duty of care to a pedestrian as a pedestrian is a road user.
Therefore, at pedestrian crossings especially, extra care and caution should be taken as it should be expected by a motorist that pedestrians are crossing or will be crossing and can step out into the road at any time.
Pedestrian crossings commonly include traffic light controlled crossings, Zebra, Pelican and Puffin crossings.
At a traffic light controlled crossing, when the constant green man is showing a pedestrian has the right to assume that any motorists will stop – after all the drivers light is on red. So it is important that, if a pedestrian is hit on the crossing whilst the green man is constant, the fault will probably rest with the motorist.
When the green man is flashing, if a pedestrian is on the crossing and proceeding to the other side and is hit, the fault is still likely to rest with the motorist as it will be seen as the pedestrian having the right of way still.
However, if a vehicle is approaching the crossing whilst the green man is flashing, and a pedestrian steps out onto the crossing then liability for the accident will not be as clear cut and the pedestrian may hold more fault than a motorist.
As you will see, most of the burden rests with the motorist. A motorist has to keep a proper look out, be ready to react if the situation changes and always anticipate pedestrians stepping into the road – especially at pedestrian crossings.
However, as explained, liability in these types of accidents is always different and therefore it is always important to seek legal advice whether you are the pedestrian or the motorist involved.
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