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Original poster

Splashed a pedestrian, he damaged my car

90 replies

mylittlesandwich · 04/08/2020 20:22

Driving home this evening. A car ahead of me went through what I thought was surface water, I then realised it was a puddle. I slowed as much as I could without the car behind me ploughing into me and swerved as much as I could without swerving in to oncoming traffic but I still splashed the pedestrians walking by. I cringed as I did it.
There was then an almighty bang and I assumed that something had fallen off my car, the nearest place to check was by going right back round the roundabout and in to a car park near the puddle. As I drove back that way the man I splashed started screaming at me. I pulled in and opened my window, he started hurling abuse.

Turns out he threw the battery pack from a drill at my car in rage because I splashed him. I apologised for splashing him, explained that I hadn't meant to. He told me I'd assaulted him. He dented my car, on the side where my 8 month olds car seat is, my baby had started screaming as soon as it happened. He just kept repeating that what I'd done was a crime (I know it can be but it depends on the situation). He was nasty and I was upset.

I don't know what I want from this thread as I know I'm likely to be given abuse for driving through the puddle but I'm on my own with DS (we're now home) and I just needed to let someone know what happened I think.

OP posts:

Original poster

mylittlesandwich · 05/08/2020 08:52

@ivykaty44 I had written a reply to you but it got lost in the deletion and reinstating of the thread.

I drive in poor weather often, I'm pretty sure this is the first time I've splashed anyone. My child is perfectly safe in the car with me.

OP posts:

VinylDetective · 05/08/2020 08:57

@LastTrainEast

He got soaked! It felt deliberate (I used to know someone who liked doing that) and he overreacted. Now he is calmer, apologising and offering to pay.

I'd settle for that.

This.

itsgettingweird · 05/08/2020 08:59

A crime is a deliberate act not an accident you tried to avoid whilst considering safety.

A few years ago I was driving and waited until cars in front of me moved forward as I was behind a zebra crossing. There would have been more than enough room but 2 cars up stopped suddenly because someone decided that was a good place to cross the road 🤔

My car was about 1/2 m over the zebra crossing as I also had to stop. Suddenly someone 5m away ran at my car and started kicking it and screaming at me for stopping on zebra crossing.

I was terrified as like you hadn't meant to do something I shouldn't.

Hope your ok today. Don't be hard on yourself it wasn't deliberate yet his actions were.

baubled · 05/08/2020 09:08

Of course people are excusing some absolute dick head throwing a heavy object at a moving car! Even if the OP splashed someone on purpose it's still ridiculously dangerous to do that!

I've been splashed and I've also been the (not on purpose) splasher and yes it's shit getting soaked but do you know what, if you're that bothered, watch where you're walking, if you're by a large puddle on the road, walk further back on the pavement it's hardly rocket science and if that's not possible just have a quick check to see what's coming before you walk past it!

If the OP is putting her child "in danger" for driving at 35 in a 40 then she should just sell her car now, as should the idiot who said that (although to be that judgy you probably don't have one anyway) because with the same sentiment even if you don't have a child in the car just driving on you're own would be endangering any other drivers with kids in their cars!

OP I'm glad he's rang and apologised, I hope you told him again about your child being that side and what he could have done, definitely doing the right thing taking the money and he should feel lucky that you haven't reported him.

RunningFromInsanity · 05/08/2020 09:25

@Flaxmeadow

...and stop driving in dangerous conditions

Yes we should all stop driving in the rain. That’s the logical thing to do.

ProfessorSlocombe · 05/08/2020 09:56

A car ahead of me went through what I thought was surface water, I then realised it was a puddle.

So TL;DR you were driving too close to the car in front ?

The two-second rule is for life, not just Christmas.

Original poster

mylittlesandwich · 05/08/2020 09:59

I was a fine distance from the car in front as I then had time to brake and move out as much as was safe before going through the puddle. The car behind me was quite close though. If I see them again I'll be sure to let them know.

OP posts:

MarshaBradyo · 05/08/2020 10:01

He must have been incredibly fast to throw and get the side of your car.

You must have moved past by the time he had the thing in his hand mid throw

wibdib · 05/08/2020 10:12

Just wondering how big the splash the previous car made - surely that would have alerted the guy that the night get splashed as he was there if more cars came past?

You did what you could to reduce any splashing but without causing an accident - a sensible and safe decision in the circumstances.

He reacted by throwing something really heavy and hard and with solid edges on that was going to do damage to whatever he hit with it. If he had missed the door and got the window or windscreen or a passing motorcycle or pedestrian he could have done so much more damage and caused a nasty injury.

For someone to lose their temper like that and react so violently isn’t normal - can you imagine living with him!!

It’s great that he has offered to pay to fix the dent. You need to decide if you report it to your insurers which might put up costs for years but could be trouble if you don’t and they find out.

In the first instance you could call and ask the police for advice before reporting it fully - then decide what to do.

I’d also be wary of giving the guy your address.

However, think those battery packs are quite expensive so the thought that he will need to replace one of those may well have helped to sober him up to realise how wrong and dangerous and serious his actions were...

I would definitely chat to the police - if it’s a junction there may well be traffic cams that will show that you slowed down and there were cars coming up fast behind you, proving you were not driving dangerously.

I would also use it as a point to make you decide to get a dash cam - it’s amazing how quickly just pointing to one can diffuse aggression as others realise that if they are on film that maybe they are not quite so sure of themselves after all!

Stanleyville · 05/08/2020 10:18

Did the car in front throw up water too then?

Part of the trouble is that the infrastructure is not set up or maintained in a way to keep pedestrians safe. It feels like it was lovely in lockdown and now all the horrible, selfish traffic is back. I understand why he was angry, it sounds like you do too so accept his apology gracefully. I hope you also apologised for splashing him?

Spudlet · 05/08/2020 10:18

@FixTheBone is part of the problem - entitled bloody men feeling like they can get physical - or at the very least use that as a threat - as soon as the world doesn’t go exactly their way. And the rest of us having to tiptoe around them for fear of getting a smack in the face. Clearly he and the battery thrower are cut from the same cloth.

Hope you’re ok, op.

Original poster

mylittlesandwich · 05/08/2020 10:20

@Stanleyville I did apologise, it's in my OP.

OP posts:

GlassMarble · 05/08/2020 10:23

I once got splashed by a huge lorry going through a deep puddle in an underpass. I was drenched through to my bra. Utterly soaked.

It was horrific but also funny and a story that makes me laugh now. I didn’t get the urge to attack the lorry. It was an accident and sometimes accidents happen.

The guy was very wrong to throw an object at you and he clearly knows this now which is good.

I’m sorry you encountered such an angry tosser and please ignore the posters trying to victim blame you.

Brahumbug · 05/08/2020 11:06

He has committed common assault on you and criminal damage to your car. You did nothing wrong as you tried to mitigate the effect of the splash. There is only one criminal in this story and it is not you.

Original poster

mylittlesandwich · 05/08/2020 11:11

I have one quote, I'm going to get another but due to COVID I've had to book an appointment.

OP posts:

VinylDetective · 05/08/2020 11:22

@Brahumbug

He didn’t touch OP so no common assault. I imagine water thrown up at 35mph caused a hell of a splash, 20 would have been a more appropriate speed when you have no idea how deep it is, purely because of the danger of aqua planing apart from anything else.

I’m not defending him, he was out of order but OP wasn’t blameless.

baubled · 05/08/2020 11:28

@Stanleyville selfish traffic?! sorry but do you never need to get in a car to go anywhere?

Original poster

mylittlesandwich · 05/08/2020 11:31

@VinylDetective I don't know the exact speed I drove through the puddle at, I had slowed from 35 so it was less than that.

OP posts:

ProfessorSlocombe · 05/08/2020 11:50

He didn’t touch OP so no common assault.

No physical contact is needed for the offence of common assault. Merely causing a person to fear for their safety is enough.

Brahumbug · 05/08/2020 12:04

@VINYLDETECTIVE
He didn’t touch OP so no common assault. I imagine water thrown up at 35mph caused a hell of a splash, 20 would have been a more appropriate speed when you have no idea how deep it is, purely because of the danger of aqua planing apart from anything else.

Please do not contradict me when you clearly have no idea what you are talking about.
From the Sentencing Council UK
Common assault (section 39, Criminal Justice Act 1988)

A person is guilty of common assault if they either inflict violence on another person – however slight this might be – or make that person think they are about to be attacked.

They do not have to be physically violent – for example, threatening words or a raised fist could lead the victim to believe they are going to be attacked – and that is enough for the crime to have been committed. Other acts like spitting at someone may also classed as common assault.

ProfessorSlocombe · 05/08/2020 12:08

I’m not defending him, he was out of order but OP wasn’t blameless.

And when parliament sees fit to pass the "2020 Two Wrongs Make A Right Act" that would be of note.

VinylDetective · 05/08/2020 12:23

@ProfessorSlocombe

I’m not defending him, he was out of order but OP wasn’t blameless.

And when parliament sees fit to pass the "2020 Two Wrongs Make A Right Act" that would be of note.

Insurance companies have 50/50 settlements. Will that do you?

AllTheUserNamesAreTaken · 05/08/2020 13:03

If op went through a big puddle at 35 mph when it was raining heavily, that is careless, so careless driving which resulted in him getting piss wet through in, presumably muddy, water

Throwing something at a moving vehicle was dangerous and being abusive to you was awful.

Two wrongs don’t make a right but also him behaving in that way also doesn’t negate your own careless driving. Assault can be committed recklessly so arguably you could be prosecuted for assault as your careless driving resulted in him being soaked.

I would accept his apology and the money for repairs and leave it at that.

Original poster

mylittlesandwich · 05/08/2020 13:17

I don't see that my driving was careless. As I've said I slowed from 35 and I moved out as much as was safe. I don't believe that would be seen as careless or reckless. So no I didn't assault him.

OP posts:

ProfessorSlocombe · 05/08/2020 13:48

Insurance companies have 50/50 settlements. Will that do you?

Oh, so we're discussing civil litigation now ? I was confused with common assault (a criminal charge) being mentioned.

Quite happy to change over if you like. Or just leave it at that.

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