Pedestrian hit by a car?!

13

Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,965 Forumite
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    AdrianC wrote: »
    Yes, it is. Clearly, they failed at that.

    There's the exact same onus on ALL road users (foot, pedal or motorised) to avoid impact with other road users wherever possible.
    I completely agree, but I felt that the early responses were solely along the lines of blaming the OP for having the temerity to cross the road and the stupidity for seemingly freezing in the face of oncoming danger. From the OP's description, the driver wasn't paying attention. Both parties could have done more to avoid a nasty accident.

    OP, if you want more valid opinions, stick the street view up as others have suggested.
  • facade
    facade Posts: 7,016 Forumite
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    Presumably the Police are involved as you are injured?
    No doubt they will be seeking to prosecute the driver for failing to observe the STOP sign as you keep saying that she didn't stop.

    Highway Code Rule 171:
    You MUST stop behind the line at a junction with a ‘Stop’ sign and a solid white line across the road. Wait for a safe gap in the traffic before you move off.
    Laws RTA 1988 sect 36 & TSRGD regs 10 & 16

    Fact is, most "accidents" could be avoided if people looked where they are going.

    I've seen a lot of near-misses and a couple of collisions caused by drivers only bothering to look where they expect traffic to be coming from, rather than where they are actually going.

    Had I been approaching that junction on the main road, I'd fully expect the car to just pull out virtually under my front wheels and be ready to brake. (After which, the driver is so frightened by my appearing from "nowhere" that they cannot exceed 22MPH, and when we arrive at the next junction, they refuse to pull out until the road is clear for 5 miles in both directions......)
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,965 Forumite
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    facade wrote: »
    Presumably the Police are involved as you are injured?
    No doubt they will be seeking to prosecute the driver for failing to observe the STOP sign as you keep saying that she didn't stop.

    Highway Code Rule 171:



    Fact is, most "accidents" could be avoided if people looked where they are going.

    I've seen a lot of near-misses and a couple of collisions caused by drivers only bothering to look where they expect traffic to be coming from, rather than where they are actually going.

    Had I been approaching that junction on the main road, I'd fully expect the car to just pull out virtually under my front wheels and be ready to brake. (After which, the driver is so frightened by my appearing from "nowhere" that they cannot exceed 22MPH, and when we arrive at the next junction, they refuse to pull out until the road is clear for 5 miles in both directions......)
    The police were involved. They breathalysed the driver.

    As for the stop sign, it's not clear if the accident was before or after the stop sign.
  • pinkshoes
    pinkshoes Posts: 20,074 Forumite
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    Smb3088 wrote: »
    I'm just asking.. Would a taxi cost from the hospital be too much to ask from her insurance?!?

    From what you have said, it was indeed an accident. Her travelling perhaps too fast, and you being too hasty to cross perhaps...

    Yes, it would be fine to claim on her insurance in this case, but you would no doubt then need to contact your own insurance as the driver of the car would also want to claim for any damage to her car e.g. Dents and scratches that you caused.

    As it is near impossible to prove liability, then both insurers would have to pay out.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Smb3088 wrote: »
    I must point out, accidents happen and sometimes as much as we analyse the situation, it happened, I can't change it. I had committed to running over the road, after seeing no cars. and she came round a nasty corner very quickly and suddenly, approaching a stop junction. I expect she looked to the left for a car but at the same time she was swinging the bend to the right. I assumed she'd seen me, and I stopped in the centre of the lanes... But her turn was too wide and she hooked me. I started screaming when I realised her speed had signalled no intention to slow down. When I realised she was coming straight at me.
    It's hard to explain the junction she hit me. I'm not blaming her, apart from I feel her speed should have been more reasonable and maybe If she had not been on a 9am rush time, she'd been more vigilant to stop and may have seen me.
    I had no ear phones on, I had high vis clothes.

    It was not a question of, why didn't I stop!? Trust me, getting hit by a car when I'm a fitness instructor and my living relies on my functionality of my body is not desirable!!! This is like a sentence to me with the injuries!!

    Accidents occur, and what if, what if... I can't think about. I'm just asking, would her insurance cover my taxi home? As ouch, it's been a bad splash of luck.

    As others are saying, providing the location so we can look at it and get a better idea of where you were, where the car was emerging from etc would likely result in better responses.

    Was she emerging from a junction with a stop sign/line? If so, I'm surprised the police aren't charging her. A stop sign/line means you must bring your vehicle to a complete stop otherwise you're committing an offence - even if the road you're crossing/pulling into is clear.

    By all means contact her insurance and see what they say - you dont ask you definitely wont get.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • boliston
    boliston Posts: 3,012 Forumite
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    pinkshoes wrote: »
    From what you have said, it was indeed an accident. Her travelling perhaps too fast, and you being too hasty to cross perhaps...

    Yes, it would be fine to claim on her insurance in this case, but you would no doubt then need to contact your own insurance.....

    Do joggers need insurance?
  • glentoran99
    glentoran99 Posts: 5,821 Forumite
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    pinkshoes wrote: »
    From what you have said, it was indeed an accident. Her travelling perhaps too fast, and you being too hasty to cross perhaps...

    Yes, it would be fine to claim on her insurance in this case, but you would no doubt then need to contact your own insurance as the driver of the car would also want to claim for any damage to her car e.g. Dents and scratches that you caused.

    As it is near impossible to prove liability, then both insurers would have to pay out.



    I think it was the stopping in the middle of the road in front of a moving car that did it
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    I completely agree, but I felt that the early responses were solely along the lines of blaming the OP for having the temerity to cross the road and the stupidity for seemingly freezing in the face of oncoming danger. From the OP's description, the driver wasn't paying attention. Both parties could have done more to avoid a nasty accident.
    Indeed.

    But the actions of one of the two parties were inside the OP's control, while the actions of the other were outside.
  • angrycrow
    angrycrow Posts: 1,078 Forumite
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    Still no street view link from OP, if they can't post links if they give the name of both roads and the town one of the regular posters could put the link up.

    Based on normal pedestrian v car outcomes I would expect a 50/50 not because the insurers are taking the easy option but because of previous court rulings. On a good day OP may get 75% in their favour. The critical factor is which way OP crossed from.

    Only way op will know is to engage the services of a solicitor to pursue a claim. A no win no fee will take up to 25% of the awarded damages so worth OP checking if they have legal cover on their home insurance, business insurance or through any sporting organisation membership as a solicitor instructed this way will not take a cut of the damaged.
  • leespot
    leespot Posts: 554 Forumite
    It'd be interesting to know what the police had to say about it?
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