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  • What's the law regarding bike-pedestrian collisions?
  • cfinnimore
    Free Member

    A couple near misses this week from non-lookers and off-kerb steppers had me wondering about the hypothetical situation where a collision takes place. If I’m not at fault, having dinged and made all steps to minimise damage etc, what happens?

    If they shout assault and phone the cops, what’s my standing leg? I’d stay and make sure they’re alright without going mental but should I be buying insurance for this kind of shenanigans?

    aP
    Free Member

    As you’re a cyclist, it is inevitable that you will be in the wrong.
    If you have contents insurance or are a member of one of the organisations like CTC or BC then you’ll have 3rd Party insurance.

    Onzadog
    Free Member

    Tell plod you were g texting/drunk and as the larger vehicle, you expect nothing to come of it, legal precedence has been set.

    cfinnimore
    Free Member

    Part of my hyperbolic concern would be the fear of a prejudiced jury on a ridiculous convoluted dangerous driving charge.

    “A cyclist collided with the mother of three today while speeding through a pedestrian crossing, leaving her with multiple fractures and unable to work”.

    etcetera. Gave me a wee fright, so it did.

    Onzadog
    Free Member

    You’re right, looks like we get the shitty end of the stick no matter what.

    lightman
    Free Member

    My mate hit an a*hole last year when he decided to just run cross in front of us despite there being a crossing about 20 feet away.
    My mates bike was pretty battered (needed new front wheel,fork,handle bar and has now bought a new frame as he doesn’t trust the crashed one) as was he, police were not interested at all unless there was a motor vehicle involved or ambulance was required.
    Had witnesses, but that didn’t help as the guy just walked off.

    My advice, if you’re going to hit someone, make sure to them hard enough to get an ambulance out as that seems to be the only way the police “might” turn up, sadly!

    CountZero
    Full Member

    I would have said that a ped stepping off the footpath into the path of a cycle, without looking, is exactly the same as doing it with a motorcycle, a car, van, bus or truck.
    If the incident occurred on a footpath, then I would say it’s clearly the cyclists fault.
    It becomes hazy when it’s a shared-use path; I’ve had a pedestrian suddenly walk straight in front of me after I rang my bell several times as I came up behind her. She was glued to the phone in her hand, never paid a blind bit of notice to what was going on around her. Both of us ended up on the ground, her phone smashed, which I thought was kharmic.

    cfinnimore
    Free Member

    Was on a busy city centre A road, Count.

    It was the perfect storm. Lemmings effect. One lady went then a gaggle of **** just went on, all plugged in. I don’t know.

    Just what the ****.

    Cougar
    Full Member

    I would have said that a ped stepping off the footpath into the path of a cycle, without looking, is exactly the same as doing it with a motorcycle, a car, van, bus or truck.

    Pretty sure it is. You’re traffic. Pedestrians have right of way if they’ve started to cross when you turn into a road; at other times, neither has one ROW over the other.

    If someone stepped out in the road without looking and you failed to attempt to stop / evade it’d be 50:50 fault. If you’d done everything you could to avoid a collision after they’d dived in front of you, it’d be theirs. If you just hadn’t seen them and mowed them down when they were crossing normally, it’d be yours. Probably. Responsibility falls to both parties.

    I think.

    If the incident occurred on a footpath, then I would say it’s clearly the cyclists fault.

    Well, you’d be riding illegally. Again, what if you were driving on the pavement?

    It becomes hazy when it’s a shared-use path

    THC says about shared use,

    Take care when passing pedestrians, especially children, older or disabled people, and allow them plenty of room.

    … which implies perhaps that you are expected to give way to pedestrians, but they don’t have ROW absolute (any more than you do).

    ninfan
    Free Member

    I know one difference is that a driver of a mechanically propelled vehicle is under a legal duty to report any accident that injures another road user or damages property

    Cyclists are therefore in the clear to hit and run!

    HoratioHufnagel
    Free Member

    police were not interested at all unless there was a motor vehicle involved or ambulance was required.

    Isn’t this a civil matter? why would the police need to arrive?

    monkeyfudger
    Free Member

    I feel in need of a moan while we’re on a semi related subject (it’s maybe just my area!), has anyone else noticed that young school girls are now complete idiots and incapable of crossing the road? They either don’t look at all and just dither across or they’ll be standing at the side of the road in a group and one of ’em will decide to scream and sprint across the road (right in front of cars etc) which causes the rest of them to run across without even looking! I’m noticing this a lot in the last couple of years and actually hit a girl on my bike once after she sprinted into the side of me 😕 When I was a lad it was the boys that were a bit dickheadish (but never really as much as ^this^) but damn, young girls these days…

    kcal
    Full Member

    I had a guy step off the pavement, at a red man crossing point. I was cycling (for those that know it) down The Mound, in Edinburgh, crossing over Princes Street, and up Hanover ? Street – lights were with me. A bunch of cars were in front, and some folk crossed quickly after the cars went through. This guy looked up the Mound (for cars, presumably) at me, then stepped off in my path – I swerved round the back of him but he retreated and we both went down, hit him pretty hard. He shook himself off, said “I suppose that’s my fault” and hirpled off…

    Cougar
    Full Member

    Isn’t this a civil matter? why would the police need to arrive?

    The police need to be notified if there’s an injury AFAIK. No ambulance required.

    Cougar
    Full Member

    has anyone else noticed that young school girls are now complete idiots and incapable of crossing the road?

    Do they even teach road sense any more? When I was a kid we had Darth Vader in a boiler suit telling us to stop, look and listen.

    mudmonster
    Free Member

    Peds, they should have tax and insurance.

    Cougar
    Full Member

    Stumbled across this in the recesses of the Internet,

    ‘The rules in The Highway Code do not give you right of way in any circumstances, but they advise you when you should give way to others. Always give way if it can help to avoid an accident.’ – p34 The Highway Code 2007

    Can’t immediately check the source but it sounds sensible. The onus to try to avoid an accident is on everyone. If you ploughed into someone with gay abandon regardless of any perceived or actual right of way you’d be in the wrong.

    br
    Free Member

    Bloke steps out while looking the wrong way and your run him over while braking hard.

    If you’re on cycle – few scrapes etc, probably worse for the rider.

    On a motorbike – broken bones and a trip to hospital.

    Car/Van/Lorry – lucky if they go to hospital and not the morgue.

    What you are driving/riding is probably irrelevant from a ‘who is at fault’ perspective.

    aracer
    Free Member

    Yeah, and have to pass a test

    slowoldman
    Full Member

    …and pay pavement tax.

    Oh I think someone said that.

    irc
    Full Member

    The police need to be notified if there’s an injury AFAIK. No ambulance required.

    Cyclists are not required to report accidents. The relevant section of the RTA refers only to drivers of mechanically propelled vehicles (meaning motor vehicles).

    So no need to inform police if you knock a ped down.

    http://www.legislation.gov.uk/ukpga/1988/52/section/170

    project
    Free Member

    about time they banned pedestrians,you think that theyd either learn to ride a bike or own a car, whbat sort of grip did they have on their shoes,had they got insurance or a helmet.

    as above if they where texting or on the phone theyre imune to all traffic laws.

    cfinnimore
    Free Member

    ^^^ :D.

    For Edinburgh folk it was at Haymarket/Dalry Junction from Morrison St. Mental.

    Good information above. I imagine I’d get away with it if I sent a tweet like this “just hit a pedestrian, whoops.Stupid sun!#sorrymate” on the way home.

    antigee
    Full Member

    mudmonster » Peds, they should have tax and insurance.
    Yeah, and have to pass a test

    I’m slowly becoming convinced that ped’s that step out without looking or think that because you are riding a bike you’ll sort it out are just drivers that have for some reason have had to get out of their cars

    Similarly when I read something along the lines “…and remember that most adult cyclists are also drivers” I reach for the vomit bucket as I’m pretty sure that they ride the same way as they drive (and as they cross the road and when they walk their dogs) with no concern for others

    the issue is not the method of transport but if you have any concern about the consequences of your actions on others – and yes I do blame Thatcher

    5thElefant
    Free Member

    A mate ran someone down at some lights. She stepped out as they went green. He hit her at speed on a motorbike while lane splitting. Broke both her legs.

    He took her to court for the damage to his bike and she had to hand over 2 grand.

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