Who is at fault?

kimaki

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whilst the old man shouldn't be crossing the road like that, the driver could of easily stopped..
 
 
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The driver imo had ample time to react when the old guy committed to crossing the road.
 
No idea what the laws are over there, but in UK, if a pedestrian is on the road, they take priority.
in other words, the 1 ton + vehicle MUST give way to the 10 stone squishy bag of skin, bone and water.

That car had ample time to wait for the old boy & let him cross. the driver deserves to be strung up for hitting the poor old boy.
 
Old man is at fault for not using the crosswalk.
 
This is Hong Kong, and we are still following the UK rule, so the VW driver bare most of the responsibilities.
 
I can't watch the video becaus it was deleted.

The law in germany is If there is a pedestrian on the road you have to break and if you hit him no matter how you're always complicit with as a car driver.
 
I guess there is a difference between a pedestrian who was already on the road, and one who crosses the road into your path? (where there is no crosswalk)
In the example above I can understand the car being at fault. However, seems crazy to me that a car would be responsible for hitting a pedestrian who jumps in front of your car or appears from behind a parked car.
 
cantremember said:
I guess there is a difference between a pedestrian who was already on the road, and one who crosses the road into your path? (where there is no crosswalk)
In the example above I can understand the car being at fault. However, seems crazy to me that a car would be responsible for hitting a pedestrian who jumps in front of your car or appears from behind a parked car.


Some years ago a woman was driving on a dual carriageway that rings the town centre - 30mph zone, 4ft barriers either side and in middle. She was driving in lane 2 (which was the correct lane for the right turn at the next roundabout).
I was following (sadly, pre-dashcam days).
Some bloke had already jumped the barrier and crossed the two lanes in the other direction & was standing the other side of the barrier dwon the middle.
As the woman approached, he climbed over the barrier and 'fell' on her bonnet.
Police were called and I hung around as a witness - the woman was in a right state.
Despite the guy being well over the limit, he had no apparrent injuries ( was this "the flop"?) but later claimed substantial compensation from her insurance.
The police deemed that the woman was at fault since she should have been aware of potential hazards - a guy standing beside a very busy main road IS a potential hazard, she should've slowed right down 'just in case' - and the law came down hard on her.
It turned out that the guy was a well-known drunkard, always in trouble and had done this sort of thing before & got compo from it (so deffo "the flop" ?) - but in those days, a previous record wasn't disclosed in court. these days, the judge would be saying 'hang on, I see from your record that you have done exactly the same thing before - you seem to be a con artist'.

You cannot be complacent whilst driving. You cannot sit back & figure that the idiot is completely in the wrong therefore the law will protect me, these days, the criminals have more rights than the victims.
 

Drivers are always at fault.
 
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