Help! Clipped by car on zebra crossing in carpark

duncan303

Does anybody have an opinion as to the position of being clipped by a car whilst using the zebra crossing as a pedestrian in a supermarket carpark.

Does the supermarket have a duty of care having provided a physical feature that imitates a zebra crossing or is it just a waste of paint? Can the supermarket be held to account in any way? Can the driver legitimately discount the feature as inadequate?

Is anybody here able to help with some considerations?

Thanks in advance.




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MyRubyRed

Unsure as to legals but did you suffer an injury?

Hintza

In what way was it the supermarket's fault? Did you get the number of the car?

gilbert_and_sullivan

What are the supermarket supposed to do about people that can't drive in their car park.

If you have any comeback i imagine it's with the driver of the car which hit you, if you are seriously hurt i imagine the supermarket may have the incident on their cctv, whether that would be admissable as evidence i don't know.

JPS29

duncan303 wrote: »

Does the supermarket have a duty of care having provided a physical feature that imitates a zebra crossing

Is anybody here able to help with some considerations?
..

Hi Duncan,

Hopefully you are ok?

As it was in a supermarket car park I am going to assume until I hear otherwise the car was going slow and did indeed just clip you causing no permanent injury, maybe at most some localised bruising.

I'm not sure about the supermarkets duty of care, but I have to say whenever I use a zebra crossing, and i have also taught my daughter the same, I always make sure the driver acknowledges me and stops BEFORE I attempt to cross. In future this may save any further accidents.

flea72

there is no such thing as a zebra crossing unless it is on a public highway, so as you state, its just lines pained on the ground, that mean nothing

by stepping onto one in a carpark, the driver isnt under an obligation to give you right of way, however, you would think that as its a carpark, the driver would be going slow, and since you were walking in front of them, at least have avoided yourself - bit of undue care by the driver

I dont think the supermarket can be held liable in any way, because its up to you, as the pedestrian, to check that the road is clear - whether that be a proper zebra crossing or not

F

bryanb

Zebra crossings are closely defined. They must have Belisha beacons, studs in the road etc.
Black and white paint doesn't do it.

DCFC79

In no way is the supermarket responsible for what the drivers do

MyRubyRed

Assume OP is ok??

JPS29

OP probably at A+E to back up their "claim"

Wig

The most important fact here will be if any injury or damage resulted, if not, then there is no case to answer.

If there was injury or damage and you are looking to recover your losses or get compo for injury..... then it would depend on whose fault it was....

Certainly not the supermarket

So that leaves the pedestian and the driver.

Did the pedestrian step out into the path of a moving car, leaving the driver with no room to do anything? Pedestrians fault.

Was it dark? Did this contribute to the driver not seeing the pedestrian, did the pedestrian take this into account before stepping out? Was the pedestrian wearing dark clothing.

Was it busy with pedestrians, was the driver driving at an appropriate speed?

Can the pedestrian crossing be readily seen by the approaching driver such that he drove appropriately? Even though it is not an official "on highway" zebra crossing with flashing beacons, it doesn't matter, the driver upon seeing it should take caution as it a place where pedestrians are likely to be in the roadway, but this does not give a pedestrian the right not to take their own caution before stepping out, same principle as those "on highway" zebra crossings really.

In short if you could explain what happened and why you think it happened then maybe we can give you an opinion of who was at fault.