Man v car

trailingspouse

Is the car driver always liable in an accident involving a pedestrian?

Someone has just walked into the side of OH's car as he was driving through a pelican crossing. He'd seen two people stood at the side of the road waiting for the lights to change, but while the red man was still on one of them walked out into the road and into the side of the car - his foot went under the back wheel.

The lights were in OH's favour, he wasn't speeding, and he stopped and waited for police and ambulance to come. After taking all his details the police sent him on his way. At the scene the man admitted it was his fault, and it's hard to imagine what OH could have done to avoid it happening.

If the man should decide to make a claim, does the fact that he's a pedestrian outweigh the fact that the accident was entirely his fault and there was nothing OH could do about it?

csgohan4

Always good to have a dash cam, eliminates my word vs your word generally if it's in front

OnanTheBarbarian

Pedestrians ultimately have a right of way, so you are supposed to yield to a pedestrian who is in the highway in front of you. But given this pedestian has walked forwards when the vehicle was passing them, unless your OH vehicle drives sideways, if the facts are agreed that it was the rear wheel which went over their foot, then any claim should be capable of being successfully defended.

Also, if the contents of your post above are effectively mirrored in the police report, then that would also assist your insurers defending any claim that may appear.

trailingspouse

At the time, the guy told the police that it was his fault for walking out too soon, before the car was past him.

But you hear of people changing their story later on.

Thanks for putting my mind at rest. Certainly if he'd been at a junction and driven into the side of our car that was on the main road there would be no dispute.

Ironically OH had set off extra early this morning to beat the traffic!