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AIBU?

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Original poster

To think this driver should have waited for me to cross first?

85 replies

Lauren1983 · 13/10/2015 16:35

I don't drive so not sure who has right of way in this circumstance. I was waiting to cross a road with DD in her pushchair. This is a fairly long road so normally easy to see traffic coming however a van had parked on the side of the road I was crossing on obscuring my view (I had to stand back from the kerb to see approaching traffic).

I waited a minute or two until I thought it was safe to cross and then started crossing when a car reversed out of a driveway on the opposite side of the road coming directly at me. I managed to move out of the way but was annoyed the driver didn't wait. Maybe I should have noticed him getting into his car but I was more concerned on looking at traffic coming from both my right and left to notice. He must have seen me in his rear view mirror waiting.

Should he have waited until I had crossed? or was it a no-one has right of way situation?

OP posts:
Shutthatdoor · 13/10/2015 21:00

*You seem defensive. Perhaps you didn't know your Highway code either?(

Actually I do thank you.

MissFitt68 · 13/10/2015 21:01

So do i

limitedperiodonly · 13/10/2015 21:02

If I'm driving down a road that is heavily parked I expect that someone might open their door or emerge from between the cars.

I don't live in fear but I position myself and adjust my speed accordingly.

If you can't do that you shouldn't be driving.

If you think drivers can't do that, you shouldn't be walking.

CerseiHeartsJaime4ever · 13/10/2015 21:04

Well you clearly didn't misfitt because you were the one who made one of those comments. Not accepting you are wrong when shown evidence to the contrary... Entitled.

minionwithdms · 13/10/2015 21:06

Pedestrians do not have right of way at all times on the road, only in a few situations, such as at crossings or when crossing a street before a car has turned into it.

Rule 8. At a junction. When crossing the road, look out for traffic turning into the road, especially from behind you. If you have started crossing and traffic wants to turn into the road, you have priority and they should give way.

However, the Highway Code also states this rule for pedestrians, which may be useful here.

Rule 15. Reversing vehicles. Never cross behind a vehicle which is reversing, showing white reversing lights or sounding a warning.

Obviously it's in each road user's best interest to watch out closely for each other to avoid injuring or being injured - no one's saying that we should run people over if we have priority over them in a situation. The Highway Code isn't law and can't account for every possible situation on the road.

ModenaMan · 13/10/2015 21:07

Perhaps when you stood back to view the road the reversing car lost sight of you or thought you had walked on.

Mmmmcake123 · 13/10/2015 21:07

Drives me mad when people reverse out of driveways. They should reverse in when there is a break in traffic so that they can see when driving out on to the road. He probably didn't see you properly.

ThroughThickAndThin01 · 13/10/2015 21:10

cersei pedestrians have right of way if they have started to cross a road and a car is turning into that road. As in the Highway Code you've linked. They DO NOT have right of way to cross all roads any old place they like. YOU are a danger if you just start crossing a road in a ridiculously entitled way.

Funinthesun15 · 13/10/2015 21:13

If I'm driving down a road that is heavily parked I expect that someone might open their door or emerge from between the cars

Yes, but that doesn't mean a pedestrian is absolved of all responsibility though.

I certainly wouldn't push my child out before me into a road where I can't see what is coming.

MissFitt68 · 13/10/2015 21:14

cersei shown evidence? Er... Where?? The op walked out from behind a flipping parked van

Entitled right back at ya lovey

MissFitt68 · 13/10/2015 21:15

Neither would I fun

CerseiHeartsJaime4ever · 13/10/2015 21:16

I personally wouldn't cross if I didn't have a clear view tbh but the amount of people on here who are adamant the "driver rules ok" is still shocking.

CerseiHeartsJaime4ever · 13/10/2015 21:17

She walked out from behind a parked van does not equal = deserves to get run over by a reversing driver who wasn't looking...

limitedperiodonly · 13/10/2015 21:24

She walked out from behind a parked van does not equal = deserves to get run over by a reversing driver who wasn't looking...

I'm very careful when walking or driving cersei but after this thread I realise I'm going to have to up that a lot.

CerseiHeartsJaime4ever · 13/10/2015 21:30

I am sick to the back teeth of people who speed over zebras, rev at the lights, take corners at 35mph (I've seen a man knocked over at one notorious junction), wave people across in dangerous situations or without slowing down, or who speed up to the lights when people are crossing...

But yet everyone is always sure it's not them, they are a good driver. So why do people encounter such bad ones then?

HeySoulSister · 13/10/2015 21:33

it would the the reversing driver who would be running her over, more likely some poor sod driving along who would have to cope with some careless parent thrusting the pushchair out into the road from behind a parked vehicle!!

HeySoulSister · 13/10/2015 21:34

*wouldnt be the reversing driver!

damewalterscott · 13/10/2015 21:42

I once had an unfortunate incident where I hit a child on a bike (10/11 yr old). He pulled out from between two parked cars from the wrong side of the road. I was driving slowly (30mph zone and was well within speed limit) and had absolutely no chance of reacting - I didn't see him, only heard the bang. I only clipped his wheel but it was enough to send him and his bike flying. Fortunately he was not hurt at all however my insurance company couldn't close the case incase his family wanted to sue me. Apparently as a vulnerable road user that trumps everything. It didn't matter that he had been riding the wrong way down the street or the fact that he didn't stop or look where he was going. Somehow it was still my fault.

Original poster
Lauren1983 · 13/10/2015 21:46

Thanks for the replies everyone. Tbh maybe I should have walked further on however the whole road is unmarked so there may have been vans up the top of the road too. In fact I just looked at the road on Google street maps and there are 3 vans parked up on there so it's not uncommon.

As I said earlier when I stepped back I could see past the van so knew the road was clear. I would never step out into a road if I couldn't see at all however I'll admit it probably took too much of my attention away and if I hadn't been stepping back to look may have noticed the car on the drive opposite.

OP posts:
Crazypetlady · 13/10/2015 22:14

Probably worth the extra 5 minutes and it's hard to say who is unreasonable. However there is a side street I have to walk past to get to my house from the top of the town cars speed up it and you can't see what's coming due to parked cars and shop arrangement and I have to concentrate hard to , sometimes I put brakes on the pram step in front and pull the front of the pram along it is a nightmare.

PagesOfABook · 13/10/2015 22:47

I work in motor claims and if one of our insureds informed us he'd knocked you down in these circumstances then we'd be making a personal injury settlement with you for sure. There is a high duty on a driver to make sure 100% that it's safe to proceed before reversing out.

We often settle claims where pedestrians suddenly run across a road right in front of the traffic and our insured has hardly anytime to stop!! This is more likely to be the case if it is a child as the duty is on the driver to be using the utmost caution - but in reality you could be extremely careful and still hit a pedestrian and be found liable.

OddlyLogical · 13/10/2015 23:07

The responsibility is on both the pedestrian and the driver but, if the driver hit the pedestrian, then they would be held accountable, and depending on any injuries caused, they would likely be prosecuted for their driving.
If a driver sees a pedestrian on the road, they must do everything they can to avoid them.

ThenLaterWhenItGotDark · 14/10/2015 06:08

D'oh, and there's little old me thinking I could just run them over. Hmm

I actually think it's grossly unfair on drivers that the law almost always blames them, simply by virtue of them being 'stronger' for want of a better word. You see some atrocious driving, but you also see pedestrians who seriously should not be allowed out alone without passing a common sense test.

Mistigri · 14/10/2015 06:39

It's absolutely right that people in charge of a dangerous and potentially lethal device should be held liable for injuries that they cause. This is why it is obligatory to have insurance.

My son was seriously injured in a road traffic accident caused by bad parking. The driver in question wasn't considered criminally liable (rightly so in my view, we didn't push for charges to be brought but there was nevertheless a police investigation) but her insurance company accepted liability - they were responsible for paying medical costs, rehabilitation and compensation.

In practice, in the situation the OP describes, where there is doubt as to whose right of way it was, the law would most likely side with the pedestrian (which would presumably mean that in the event of an accident the driver might be considered criminally as well as civilly responsible).

PunkrockerGirl · 14/10/2015 06:50

Op said several many times that when she stepped back she could see that the rod was clear. So she didn't, as some are implying, push the buggy into the road without knowing it was safe to do so.

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