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

powerful_Rogue

Other half was driving along a road at 30mph when all of a sudden a young girl broke away from her mothers hand and ran straight into the road. The missus slammed her breaks and swerved to avoid her, however the girl got knocked to the floor.

The missus was quite distressed, got out the car to check how she was, and the girl just got up as if nothing had happened. Missus wanted to phone the police and ambulance to get her checked out, but the mum was having none of it and just walked off with her daughter.

Missus went to the police station and reported the incident - mother never came forward.

The missus suffered from whiplash, slipped a disc in her back and had to have counselling due to the incident.

Aretnap

kmb500 wrote: »

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

If you didn't have insurance, you'd have to pay for the damage yourself. Simple. (Assuming that the driver actually makes a claim against you and the court finds in his favour - not common but not impossible).

If you had home/contents insurance you would be covered under the public liability section.

If you were particularly stupid or reckless you might even find yourself being convicted of criminal damage, as happened to a pedestrian who ran out in front of a car in this case.

Mercdriver

As I said kmb500, the most important lesson is to learn what you don't (yet) know. Better to be humble and wrong than pig ignorant. I'm not suggesting you are the latter, but you might come across as such to some.

Johno100

SouthLondonUser wrote: »

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.

Yes, they do have jaywalking laws (or should that be anti-jaywalking laws?) In Northern Ireland.

Article 38 of The Road Traffic (Northern Ireland) Order 1995

If a pedestrian through his own negligence on a road endangers his own safety, or that of any other person, he is guilty of an offence.

http://www.legislation.gov.uk/nisi/1995/2994/article/38/made

And here is a conviction.

http://www.lurganmail.co.uk/news/town-protester-put-others-at-risk-by-jaywalking-rules-district-judge-1-4761935

I think it is about time something similar was introduced in the rest of the UK.

agrinnall

Dave_Brown. wrote: »

Why not run out in front of a car then?

See how it affects you.

It's probably best not to get too involved with posters like kmb500, once you've been around the forum a bit longer you'll find that there are a thankfully fairly small number of people who think they know everything and are always right, even when told categorically that they are wrong. Strangely Motoring seems to attract more of them than many of the other boards, although there is a strong suspicion that it's often the same people with new usernames.

SouthLondonUser

Aretnap wrote: »

If you were particularly stupid or reckless you might even find yourself being convicted of criminal damage, as happened to a pedestrian who ran out in front of a car in this case.

That guy was stoned. Do you know of any case involving pedestrians who were not?
I suppose if I were to ever hit a pedestrian in one of the situations I have described, they'd say I was speeding, they hadn;t seen me, I appeared out of nowhere, lights were turning green, etc.

Mercdriver

SouthLondonUser wrote: »

That guy was stoned. Do you know of any case involving pedestrians who were not?
I suppose if I were to ever hit a pedestrian in one of the situations I have described, they'd say I was speeding, they hadn;t seen me, I appeared out of nowhere, lights were turning green, etc.

He wasn't given any allowance in court because of being stoned and drunk, even on appeal, so why are you giving him allowance?

SouthLondonUser

Because someone who is not stoned might more easily and more credibly lie and come up with excuses, like I said.

debtdebt

kmb500 wrote: »

A pedestrian cannot be at-fault in an accident.

You're certainly spouting rubbish there.

A pedestrian can be at fault for a road traffic collision just like any other road user. Just because they aren't insured doesn't mean they can't be held legally liable.

Huskydays

SouthLondonUser wrote: »

That guy was stoned. Do you know of any case involving pedestrians who were not?

Somewhat related: http://www.eadt.co.uk/news/ambulance-driver-faye-parson-found-not-guilty-of-causing-death-by-careless-driving-in-essex-crash-1-5096584
TL;DR a man crossing at a junction (where traffic was stopped by red lights) was struck by the wingmirror of an ambulance coming through the junction. The man was seriously injured and later died. Ambulance driver was found not guilty of causing death by careless driving.

I also vaguely recall seeing a Police Interceptors/Traffic Cops episode a pedestrian wearing dark cloths walking on the side of a 60mph road was struck and died, with no action brought against the driver (Maybe someone else here has seen it?). I think that the police will look at how likely it would have been that you could have avoided the accident, taking your driving on the day into account. But as you say:

I suppose if I were to ever hit a pedestrian in one of the situations I have described, they'd say I was speeding, they hadn;t seen me, I appeared out of nowhere, lights were turning green, etc.

I remember covering the reliability of witness testimony at university and it's terrifying - I will never not be without my dashcam for this reason.