Pedestrian hit by biker - biker trying to claim from pedestrian

societys_child

terryw wrote: »

Do you tell your kids to run across roads because they will have the right of way and drivers are not allowed to just drive in to them?

!!!!!! grow up.

john1

The Highway Code
Road junctions (170-183)

170
Take extra care at junctions. You should
watch out for cyclists, motorcyclists, powered wheelchairs/mobility scooters and pedestrians as they are not always easy to see. Be aware that they may not have seen or heard you if you are approaching from behind

watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way

watch out for long vehicles which may be turning at a junction ahead; they may have to use the whole width of the road to make the turn (see Rule 221)

BertTheRaccoon

When you step into the path of my car and i'm too close to avoid you, I won't be accepting you had right of way, nor would I expect a court of law to.

So your statement of a pedestrian always has right of way is not correct.

I would also submit that a pedestrian stepping into my path or causing an obstruction and me not mowing them down would be more a case of instinctive reaction to swerve so as not to injure or kill, avoid damage to my own vehicle and generally be a decent chap, rather than me thinking or acknowledging "they have right of way".

Do you have right of way to walk along a motorway?

Mrs_Arcanum

Unless the pregnant person was walking backwards, surely the motorcyclist has time to avoid them if they are going at a sensible speed for the road. After all it is very clear which direction someone is walking in, so the biker should have time to amend their course to avoid the pedestrian.

real1314

societys_child wrote: »

How is it?

You're driving, someone steps out into the road, what do you do?

Do you drive into them, or do you stop? Hopefully you stop.

If you stop you've given them "right of way"

In the mid 60's an instructor asked me "When does a pedestrian have right of way" I thought about it, pulled a face and he said "They always have right of way" He then added "There's an examiner who likes to throw that question in"

Within the past two years I was told by an insurance examiner that in a pedestrian vs motor vehicle collision, a court will 99.9% of the time come down on the side of the pedestrian because . . . a pedestrian always has right of way.

It's nothing new and nothing that's gone out of fashion.

You have to avoid knocking people down, therefore you have to give them right of way.

I don't believe how you find this so hard to understand.

Your argument is completely flawed.

People do not stop because they think through the various highway code regulations; come to one about pedestrians always having right of way (you haven't found a link yet -keep going, even though it's not there); and then think:
"hey the highway code says they have right of way - I'd better blooming well stop!"

Just think about how it might work if the highway code did not give them right of way:-
"hey the highway codes says... ooh, it says nowt about them having right of way; I'll just carry on my way".

People stop to reduce the risk of injury or death to pedestrians. Not because the law tells them to do or not do so.

They do not have "right of way" in all situations. For a start they are prohibited from some "highways" ; specifically by the highway code.
Whilst there is no law against "jaywalking" in the UK, that does not confer any right of way.

Quoting a driving instructor from the 1960s is hardly primary evidence of anything except perhaps your inability to find anything more pertinent. :cool:

terryw

societys_child wrote: »

!!!!!! grow up.

There is no need for insults.

There is no such thing as "right of way"

Here is a link to the Highway Code.
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070108

Right of Way is not in the Highway Code. It never has been.

Sgt_Pepper_2

societys_child wrote: »

Of course a pedestrian always has right of way -

You are not allowed to just drive into them!

It's quite simple really if you think about it.

Is that law, highway code or your opinion?

societys_child

Originally Posted by john1> . If they have started to cross they have priority, so give way

Thank you

Lee_Jones wrote: »

When you step into the path of my car and i'm too close to avoid you, I won't be accepting you had right of way, nor would I expect a court of law to.

But you would try to avoid a collision, I hope. Therefore giving them right of way.

So your statement of a pedestrian always has right of way is not correct.
OK if they don't have right of way, drive into them.

I would also submit that a pedestrian stepping into my path or causing an obstruction and me not mowing them down would be more a case of instinctive reaction to swerve so as not to injure or kill, avoid damage to my own vehicle and generally be a decent chap, rather than me thinking or acknowledging "they have right of way".

Do you have right of way to walk along a motorway?

Pedestrians are not allowed on motorways but if there were pedestrians blocking the carriageway presumably you'd stop - giving them right of way.

real1314

societys_child wrote: »

Pedestrians are not allowed on motorways but if there were pedestrians blocking the carriageway presumably you'd stop - giving them right of way.

You clearly do not understand the concept of "right of way". And you must lack any innate human understanding to believe that an instinctive action is actually a reflection of some legal status.

There's no point trying to explain it to you as you don't appear to actually be reading anyone else's posts with any true regard for the contents. You just look for a way to counter and re-iterate your "opinion". :cool:

societys_child

OK I give up, so you all seem to think that pedestrians are fair game, if they're in the roadway you can just drive into them.

Of course you don't, you'd slow down, even stop, and give them a fair chance to get out of your way. Therefore giving them right of way or if you prefer, priority.