Most crossings are governed by the Zebra, Pelican and Puffin Crossing Regulations and General Directions 1997. This piece of legislation isn’t particularly “well known” however it contains important provisions if you do have an accident that occurs on one of the included crossings.
In this blog I will focus upon zebra crossings as these are usually more prone to accidents as they are not regulated by traffic lights but just the “zebra markings” on the floor and commonly the yellow beacons.
Whilst pedestrian crossings are clearly an appropriate place for pedestrians to cross, they do not provide an absolute right of way for a pedestrian. Therefore as expressed in the Highway Code it is imperative that pedestrians still take vigilant steps to ensure the area if safe prior to stepping out. Therefore there is some responsibility on the pedestrian to judge whether a speeding car is going to stop at the crossing. However, in these types of claims a number of factors can affect where blame is held to lie.
These include: the speed of the driver, whether they were paying adequate attention to the road at the time, and the type of area that the crossing is in – it is often expected that in a highly pedestrianised area a driver should take more care.
There has been numerous cases on these types of accidents to try and apportion where blame lies when a pedestrian goes onto a zebra crossing – some appears harsh to drivers whilst others are quite generous.
The strictest for drivers was handed down in Scott v Clint – this laid down that once a pedestrian is crossing and stepped on the road the driver must accord him/her precedence. Although this may appear harsh, it coincides with the above mentioned principle that drivers are expected to take extra care when approaching a pedestrian crossing.
However, this does not mean that you may not be apportioned some blame if you have been involved in an accident at crossing – in latter cases if you run blindly onto a road or fail to look one way you may be found to be “contributory negligent”. However, this does not mean that you cannot make a claim for compensation; it simply means that the amount of compensation may be reduced by the percentage you are found to be at fault for.
Accidents on crossings can be tricky cases, but here at the Injury Lawyers as we only deal with personal injury and have done since we started – we are fully aware of the regulations and cases governing this area and therefore know the best and most effective way to run your case.
So if you’ve been involved in an accident on a zebra crossing contact us today by phone, making an enquiry or chatting on our online facility. All of these methods will get you through to a personal injury specialist that will be more than happy to discuss your case further (oh, and it’s all on a No Win No Fee!)
