Is jaywalking (dangerous pedestrian crossing) ever a crime in England?

SouthLondonUser

Not sure if this question is for here or for a forum like pepipoo:

I commute to work by motorcycle. One of the most distressing and common behaviour I witness and have to watch out for (other than cyclists changing lanes without signalling or trying to undertake me in bends) is that of pedestrians who cross the road without looking, even when it is evidently suicidal to attempt to do so.

I understand that, unlike in other countries, jaywalking is technically not a crime in England (maybe in Northern Ireland, not sure), and that pedestrians are assumed to have right of way.
However, my questions are:

• What if the pedestrian crosses despite the red man? Green for me, red for them, and they cross anyway? If a motorist, driving or riding within the speed limit, fails to stop in time, would it be the pedestrian’s fault? Surely “right of way” doesn’t apply when a red man is clearly telling the pedestrian to stay put and wait? Or does it?
• Jaywalking is not a crime, but what about crossing a few metres from a traffic light, which very clearly shows a red man? Is that legal? Is that dangerous? In case of an accident would it be the pedestrian’s fault?
• What if a pedestrian jumps too close to oncoming traffic in the middle of a road with no traffic lights? In other words, he/she doesn’t wait till it’s safe?
• What about pedestrians who jump in the middle of the street from behind a van which hides them from sight? This is very common when one lane of traffic is stationary, and pedestrians cross despite the red man assuming the other lane must be too, or they cross without thinking that a motorcycle might be (perfectly legally) filtering).

To be clear, I have not been involved in any accident. I ask out of curiosity and interest.
I ride defensively, which means I always assume the road is full of idiots, whose behaviour I try to prevent, who are trying to kill themselves and me.

Oh, and before people remind me how vulnerable pedestrians are, I’d like to point out that a vulnerable pedestrian acting like an idiot in the situations I have described can still cause lots of harm and damage to the vehicles which have to avoid them (especially motorcycles and pushbikes). There was a case in Italy of a pedestrian who killed a motorcyclist when he crossed despite the red man (motorcyclist dead, pedestrian alive). Had I not had ABS, I would have probably fallen off the bike multiple times despite riding within the speed limits.

Strider590

Basically in the UK pedestrians, horse riders and cyclists have priority on all roads except for motorways.

That is the law, but common sense should prevail.

SouthLondonUser

Like I said I know that, but that was not exactly the question. The question was whether they are also allowed to cross despite the red man, and in all those situations where their crossing would force vehicles to take avoiding action.

kmb500

It's stupid but not illegal. Pedestrians legally have right of way everywhere (as in, if they're standing in the road you must stop) so if you run someone over it's your fault.


A pedestrian cannot be at-fault in an accident.


You are not legally required to cross only at designated crossings. They are just there as a safe way of crossing.

powerful_Rogue

kmb500 wrote: »

A pedestrian cannot be at-fault in an accident.

That's not true.

kmb500

powerful_Rogue wrote: »

That's not true.

So what happens when you hit someone who runs out in front of you, given they don't have insurance?? Hmm?

Mercdriver

kmb500 wrote: »

So what happens when you hit someone who runs out in front of you, given they don't have insurance?? Hmm?

Doesn't mean that they aren't at-fault. You can sue whoever you like if they have caused damage. Getting them to pay is another matter entirely. They can be liable just as a motorist can be.

Mercdriver

kmb500 wrote: »

So what happens when you hit someone who runs out in front of you, given they don't have insurance?? Hmm?

They get injured or die is a shorter answer.

kmb500

Dave_Brown. wrote: »

Take the insurance aspect out of it, who would be to blame?

If theres no insurance claim and theres no crime then why does it matter? How would it affect the pedestrian? (it wouldn't)

Car_54

kmb500 wrote: »

It's stupid but not illegal. Pedestrians legally have right of way everywhere.

A pedestrian cannot be at-fault in an accident.

Can you find anything to substantiate those generalisations?

NO-ONE ever has "right of way". See the Highway Code (preface to Rules 103 to 158)

Pedestrians have "priority" at junctions in certain circumstances (Rule 8), and at pedestrian crossings and light-controlled junctions when the lights are in their favour.

The Rules tell them when and how to cross safely, and "Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’."

Nothing there to suggest pedestrians are immune from being found at fault.

Mercdriver

kmb500 wrote: »

If theres no insurance claim and theres no crime then why does it matter? How would it affect the pedestrian? (it wouldn't)

If a pedestrian ran out in front of me, and I hit him, after he got out from hospital, if he survived, then i could decide to take him to court. Now there is risk as his counsel could argue that I had time to stop and avoid the accident.

It is basically the same as an accident with an insured motorised vehicle, with one difference:

With insured vehicles, the insurance co. takes the risk off your hands which is what you pay them premiums for. They usually settle out of court either in full or part.

A pedestrian doesn't have insurance to stump up for him, but you can still sue him for damage, but it would be at your risk. The NHS will charge the pedestrian for the ambulance call out if it is his fault. How do I know? I was knocked down years ago by a motorist and it was my fault and I got a bill from the ambulance trust.