Pedestrian hit by biker - biker trying to claim from pedestrian

societys_child

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.

I understand the concept perfectly.

terryw

societys_child wrote: »

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.

Your mindset about "Right of Way"is causing the problem for you. No-one at all is suggesting that pedestrians are fair game.

Think of this from a pedestrian's point of view. When he decides to use a crossing, should he think, "I have the right of way so I will cross", or is it not safer and more sensible to think, "If it is safe I have the priority"?

The term "Right of Way" implies some God-given Right to carry out a particular action. It is a bad expression and should not be used.

It is not in the official manuals and would not be used by a modern driving instructor or examiner.

elisebutt65

I had the almost the same thing happen to my son & posted about it on here, which really brought out the haters!! Lol

He was run over & taken to hospital. The driver's husband then wanted me to pay for the damage to the wing mirror caused by my sons body hurtling over the bonnet!! Stupid !!!!!!!
I got him off my back in the end by threatening to counter sue on behalf of my son.

societys_child

A lawyers view

The Highway Code
Any pedestrian injured by any other road user, whether crossing the road or walking along the pavement, is entitled to submit a claim for personal injury and other losses following the accident even if it isn’t totally clear who was to blame. The reason for this is that pedestrians under The Highway Code have the right of way in crossing the road and the Code contains many rules that protect pedestrians against other road users. For example, just because the traffic lights were showing green does not entitle the car driver to drive through those lights if indeed a pedestrian is crossing the road at that junction. In such a situation the motorist has to give way. This is one accident scenario that many people are confused over and if you or a member of your family or loved one has been involved in an accident as a pedestrian, it is worth obtaining legal advice from specialist solicitors who know the intricacies of this area of law. . . .

societys_child

elisebutt65 wrote: »

I had the almost the same thing happen to my son & posted about it on here, which really brought out the haters!! Lol

He was run over & taken to hospital. The driver's husband then wanted me to pay for the damage to the wing mirror caused by my sons body hurtling over the bonnet!! Stupid !!!!!!!
I got him off my back in the end by threatening to counter sue on behalf of my son.

Hope your son is ok, how old is he?
He has until age 21 to make a claim.

rxbren

she may have had right of way but she still should know how to cross a road its not hard wait for the green walk sign to appear its not rocket science
although it technically had right of way she was in the wrong to cross when that lane was green

atrixblue.-MFR-.

societys_child wrote: »

I understand the concept perfectly.

no you dont obviously.

if pedestrians had right of way we wouldnt have any green cross code. as like you say the have precident over the road to any type of motor prepelled vehicle.

a pedestrian has no right of way other than that of following through crossing when it is safe to do so.

if a pedestrian just changed direction and started accross the road into flowing traffic, yes traffic will stop but if there was a collision that was fatal to pedestrian then do you honestly think that driver/rider would be done for causing death by careless/dangerous driving if the actions of the pedestrian was that of his own fault for stepping out into flowing traffic.

did this pedestrian have priority over oncoming traffic? NO! she stepped into traffic allbeit the first lane of traffic was halted, but there was no right of way because it was not safe to cross at all, it was purely an impulsive move by the pedestrian to chance crossing.

the pedestrian got accross lane 1 why didnt she stop to observe what was coming in lane 2? was the biker travelling at speed as not to avoid the accident? injuries suggest not so as the pedestrian was checked and released with serious injury.

Hoonercat

I really don't see how the right of way argument has anything to do with the original post. If you step out in front of a moving vehicle when the lights are green, and seconds later you get struck by that vehicle because there isn't enough braking distance to stop, then common sense dictates that you are in the wrong.
The OP gives the impression that he is trying to find fault with the rider, suggesting that speed or carelessness could have been a factor, but a motorcycle does not appear out of nowhere - if the lady was struck just seconds after stepping into the road then it would suggest that the bike was there all along and the lady failed to see it. Yes, she may insist that it wasn't there, but that's only natural if she didn't see it. Going by the OP's description, the bike was turning at the junction, making it very unlikely that he would have been speeding.
Bare in mind that the witness appears to have taken the side of the rider. rest assured, had he been speeding and knocked over a pregnant lady he'd have been lucky not to have been lynched at the scene, instead he has a witness.

societys_child

no you dont obviously.

I've not once said a pedestrian can just walk out into the road. All I've stated is that they have right of way, ie you're not supposed to knock them down.

I also made no comment regarding the op, and have no opinion about who was to blame.

See post 45.

Hoonercat

he pedestrian got accross lane 1 why didnt she stop to observe what was coming in lane 2? was the biker travelling at speed as not to avoid the accident? injuries suggest not so as the pedestrian was checked and released with serious injury.

I'm not sure that she did get across 1 lane, the OP said that she was halfway across the first lane when she was hit, and I assume that that lane is the right turn lane and she had stepped out from a traffic island/crossing in the middle of the road, rather than from the pavement to the left of the road?