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Prosecution?

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Comments

  • Johno100 wrote: »
    That could be an issue, many pedestrians don't understand that a zebra crossing with a central island is in fact two separate crossings (Rule 20 of the Highway Code) and they need to ensure that traffic is stopping/stopped before crossing the second carriageway.

    Also... it used to be the case that a person wishing to cross should wait until the traffic has stopped... is this no longer the case? Many people too busy looking at their phones to look where they are going...:(
    But I hope the injured person gets better soon.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
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    DAKOTA45 wrote: »
    Also... it used to be the case that a person wishing to cross should wait until the traffic has stopped... is this no longer the case? Many people too busy looking at their phones to look where they are going...:(
    But I hope the injured person gets better soon.

    Its good practice to wait for the traffic to stop - just as its good practice for drivers to slow down if there are any pedestrians in the vicinity of the crossing, should they step out onto the crossing. But by the letter of the law, drivers don't actually have to give precedence unless you step onto the carriageway (the part that vehicles drive on) within the limits of the zebra crossing before any part of that vehicle enters those limits.

    There's a lot of technicalities around law. Such as that cyclists don't have precedence on a zebra crossing (unless they dismount at which point they become pedestrians). Or that if the regulations for markings (including that the banding on beacons needs to be within certain dimensions and in a certain order) aren't complied with then it may look like a zebra crossing but legally, it's not.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    DAKOTA45 wrote: »
    Also... it used to be the case that a person wishing to cross should wait until the traffic has stopped... is this no longer the case? Many people too busy looking at their phones to look where they are going...:(
    But I hope the injured person gets better soon.

    Rule 19 of the Highway Code still says
    Zebra crossings. Give traffic plenty of time to see you and to stop before you start to cross. Vehicles will need more time when the road is slippery. Wait until traffic has stopped from both directions or the road is clear before crossing. Remember that traffic does not have to stop until someone has moved onto the crossing. Keep looking both ways, and listening, in case a driver or rider has not seen you and attempts to overtake a vehicle that has stopped.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
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    Car_54 wrote: »
    Not so. The relevant law is:

    "Precedence of pedestrians over vehicles at Zebra crossings
    25.—(1) Every pedestrian, if he is on the carriageway within the limits of a Zebra crossing, which is not for the time being controlled by a constable in uniform or traffic warden, before any part of a vehicle has entered those limits, shall have precedence within those limits over that vehicle and the driver of the vehicle shall accord such precedence to any such pedestrian.
    (2) Where there is a refuge for pedestrians or central reservation on a Zebra crossing, the parts of the crossing situated on each side of the refuge for pedestrians or central reservation shall, for the purposes of this regulation, be treated as separate crossings."

    [The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997]

    I won't proceed until people are safely off the crossing. Often buried in their smart phones, people do strange things, like take a sudden u turn on the spot without looking because their scheduled meeting has been cancelled.

    There is a good chance of getting done for careless even if they do an about face as a careful driver would take their possible movements into consideration. I'd say that it would be a slam dunk on a civil prosecution.
  • Car_54
    Car_54 Posts: 8,924 Forumite
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    Mercdriver wrote: »
    I won't proceed until people are safely off the crossing. Often buried in their smart phones, people do strange things, like take a sudden u turn on the spot without looking because their scheduled meeting has been cancelled.

    There is a good chance of getting done for careless even if they do an about face as a careful driver would take their possible movements into consideration. I'd say that it would be a slam dunk on a civil prosecution.
    It's a question of judgement. At one extreme, someone concentrating on his 'phone, or a bunch of schoolkids, could suddenly change direction. At the other, you wouldn't want to hold up traffic while the the old boy with his Zimmer frame covers the last few feet.

    In any case, you'd want to move off slowly and be prepared to stop again.
  • lincroft1710
    lincroft1710 Posts: 19,072 Forumite
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    missile wrote: »
    I am sure the driver is tormented .. by the fear he will be prosecuted.
    IMHO, if the driver was truly remorseful, he would have already made contact to find out the extent of her injuries and express his regret for the pain and suffering he has caused.

    The driver's insurance company would probably advise him to make no contact. Most insurance companies also insist that their insured makes no admission of fault even where it is clear they were to blame for the incident.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    Its good practice to wait for the traffic to stop - just as its good practice for drivers to slow down if there are any pedestrians in the vicinity of the crossing, should they step out onto the crossing. But by the letter of the law, drivers don't actually have to give precedence unless you step onto the carriageway (the part that vehicles drive on) within the limits of the zebra crossing before any part of that vehicle enters those limits.

    There's a lot of technicalities around law. Such as that cyclists don't have precedence on a zebra crossing (unless they dismount at which point they become pedestrians). Or that if the regulations for markings (including that the banding on beacons needs to be within certain dimensions and in a certain order) aren't complied with then it may look like a zebra crossing but legally, it's not.

    Strange you should say that... I've been trying to research the rules surrounding pedestrian crossings...
    For instance, would it be very likely to find a pedestrian crossing on a road designated a 'Clearway' where stopping is prohibited at all times apart from emergencies... ?
    (I really need to know!)...
  • Car_54
    Car_54 Posts: 8,924 Forumite
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    DAKOTA45 wrote: »
    Strange you should say that... I've been trying to research the rules surrounding pedestrian crossings...
    For instance, would it be very likely to find a pedestrian crossing on a road designated a 'Clearway' where stopping is prohibited at all times apart from emergencies... ?
    (I really need to know!)...
    There are more exceptions to the clear way rules than just emergencies. Circumstances beyond the driver’s control, or to avoid injury or damage to persons or property. Both of these would cover stopping for ped crossings.
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