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AIBU?

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Original poster

I've just hit someone with my car. He's ok, but was I at fault?

321 replies

LimeLeaf · 25/04/2016 16:52

Just to say first that I was going less than 5mph and he walked away relatively(?) unhurt but I'm very upset about it and wondering if I was at fault.

I was at the bottom of a road which is very steep, at the junction where it meets a very busy main road. I was turning left onto the main road and looking right for a gap in the traffic. I'd been waiting a minute or so.

A car appeared on the main road and stopped, waiting to turn right onto the road I was on. A lorry to my right then stopped on the main road and gave way to allow me to turn left in front of him and the car on the main road to turn right past him onto the road I was on.

I started to release my foot from the brake as its a very steep road so I could roll forward before putting my foot on the gas. The car started moving forward and the man was right in front of my car and it hit him. He must have been on the pavement to the left of me and had tried to cross in front of my car but I didn't see him because I was looking right. He must have been walking quickly because he was already half way across the front of my car and I was already looking forward when I began to take my foot off the brake. As soon as I saw him I put my foot back down on the brake hard. I had moved maybe 3-5 inches but as he was walking so close to my car, it hit him.

He stumbled but kept walking across and then looked back at me and started shouting whilst I sat there in complete shock. The lorry waited for me to set off again even though I was shocked and nervous to drive immediately. He then turned around and kept walking.

I'm so upset about this. I've never hit anyone with my car before and feel very bad about it. Was I at fault do you think or was the man? Is there anything I need to do now?

OP posts:
MagratGarlikAgain · 26/04/2016 13:48

Good to hear you reported in, Lime. Hopefully that's the last you'll hear of it, but at least you've done what you can.

MagratGarlikAgain · 26/04/2016 13:48

*it, not in.

readytorage · 26/04/2016 13:52

You were at fault because you were driving but he shouldn't have walked out in front of you. Go to the police and report the accident. You don't want to get done from driving away from the scene of an accident or failure to report an accident.

CauliflowerBalti · 26/04/2016 14:11

Loving all the hoiking of judgy pants in this thread. It's a wonder accidents happen at all, with so many outstanding drivers out there.

Also a wonder any cars ever move out of awkward busy junctions. Look left, look right, look left again.

Look right again.

Now left again, diagonally over your shoulder.

Now right.

Bit more left.

MagratGarlikAgain · 26/04/2016 14:41

There's a reason the police no longer refer to RTA (Road Traffic Accidents), but to RTC (Road Traffic Collisions). The idea being that if a collision occurs, someone has made a mistake. Of course, we have all made mistakes on occasion, but the OP simply asked, "was it my fault?" of which many people said, "yes". I don't see that as being judgy, it's a simple, straightforward answer, to a question.

angelos02 · 26/04/2016 14:53

Exactly Cauliflower

Accidents are called accidents for a reason. The driver AND the pedestrian made mistakes. No-one was badly hurt.

HalfNamasteHalfTTTH · 26/04/2016 15:26

If you could rewind time and change your actions, what would you have done differently? Resolve to try that next time to avoid all this shock and upset. Breathe out and move on, little harm done Flowers

vienna1981 · 26/04/2016 16:01

None of us are perfect drivers or pedestrians. A particularly annoying kind of pedestrian is the one who starts to cross the side road of a junction before looking all round to see that it is safe to cross. Far too often these idiots just blithely wander over, regardless of traffic. The wearing of earbuds or headphones may or may not be a coincidence. The dumbfounded look on their faces when they realised they were close to being flattened is quite gratifying.

2boysnamedR · 26/04/2016 16:36

You should try to relax now, you made a mistake, everyone makes mistakes, you will learn from it, it's reported. I've done worse and had worse done to me.

I am amazed at the people who run out in front of my car while I'm doing 20 down at 30 road. For some weird reason they seem to think that if a car hit them at that speed they would be fine or that I could stop in time.

I have a dash cam now.

quietbatperson · 26/04/2016 17:24

This reply has been deleted

Message withdrawn at poster's request.

vienna1981 · 26/04/2016 17:55

Agreed about the pedestrian right of way. But it won't stop them from being hit by a vehicle with a careless driver at the wheel. Not me incidentally. I genuinely come across these pedestrians several times a week and am very mindful of them.

I believe there is something in the Highway Code, if not law, about all road users exercising a duty of care to themselves and other road users, whether they are pedestrians, cyclists, motorists etc.

OP, I hope you are feeling better now. Having a scare like this, even if just momentarily, puts years on you (if you let it).

Postchildrenpregranny · 26/04/2016 18:38

I was recently crossing behind a car on a quiet street in central London when the driver reversed into me!Very slowly admittedly but she obviously hadnt looked behind her and it was not a manoevre I could have a nticipatedI was almost frozen with surprise and hit the back of her car with my umbrella. I wouldnt have dreamt of walking out in front of her and I cannot see that it was in any way your fault OP .The fact he didn't come back and say anything suggests he knew it was his fault

Salene · 26/04/2016 18:44

Your at fault and this situation is often a cause for motorcyclists to be as they are overtaking and person pulling out of junction is too focused on traffic coming there way and pull out without check the road ahead is clear and plough head on into a over taking motorcyclists

Always always check both ways before moving off

No harm done and hopefully it's taught you to be a more observant driver which is a good thing

Salene · 26/04/2016 18:45

Motorcyclists to be hit*

funniestWins · 27/04/2016 02:26

To be honest spandex, even if I'd seen him at the moment he stepped off the pavement, I'm not sure it would have made a difference. I was rolling on the brakes down a very steep slope so it takes longer to stop. He'd clearly already made the decision to cross in the few inch gap between me and the main road, he walked/ran across the white junction markings. I was already committed to the manoeuvre having decided it was safe since there were no pedestrians on the pavement at the time I had passed it. Even if I'd seen him, I would still have expected him to stop at the pavement since my car was blocking it anyway

It's scary that this is still your attitude.i

oliviaclottedcream · 27/04/2016 07:23

It's your fault - sorry. No matter how much of a prat he was for crossing then.

snuggie · 27/04/2016 12:23

The same thing happened to my friend but the pedestrian reported her. I cant remember what the penalty was but it was classed as "failure to report an accident." The person was unhurt.

RubbishRobotFromTheDawnOfTime · 27/04/2016 12:39

Salene
Your at fault and this situation is often a cause for motorcyclists to be as they are overtaking and person pulling out of junction is too focused on traffic coming there way and pull out without check the road ahead is clear and plough head on into a over taking motorcyclists

Nobody should be overtaking near a junction for this reason. It's in the Highway Code.

WeAllHaveWings · 27/04/2016 13:19

Nobody should be overtaking near a junction for this reason. It's in the Highway Code.

Might be but still the motorists fault not the motorcycles. My nieces boyfriend has 8 points on his license to testify to that.

Salene · 27/04/2016 22:23

We have is correct, car driver is at fault not motorcyclists

overtaking at a junction is risky but totally legal. It's your responsibility to make sure the road you are entering is clear both ways

The motorcyclist has right of way as they are already on the road. So if you pull out and hit head on into a motorcyclist it's your fault

That said they biggest loser is the biker, they often pay with their lives 💔

thisagain · 27/04/2016 22:32

I sure it was legally your fault, but in reality I think he should have been more careful and just one of those accidents that commonly happen. Like when people look like they're going to enter a roundabout and stop, and the car in the back goes in to them. Legally the fault of the person behind but in reality there are contributing factors with both parties being to blame in some way for the accident to have happened.

robinia · 28/04/2016 01:25

Pedestrians do not automatically have right of way when crossing the road. They have right of way on zebra crossings / pelican crossings etc. and in the specific scenario of

Rule 170 (for motoristst):
watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way.

and Rule 8 (for pedestrians):
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 (see Rule 170).

The op's scenario is not as above. The pedestrian was crossing the road which she was already in.

NoBetterName · 28/04/2016 09:39

I wonder what the MN response would be, if the OP was "I've just been hit by a car whilst trying to cross the road. Was it my fault?"

Followed perhaps by an explanation along the lines of:

I was walking along the pavement of the main road and reached a side road that I needed to cross. There was a car waiting to pull out of the side road, but seeing her intended manoeuvre was blocked by another car waiting to turn right into the road she was pulling out of, I decided it would be safe to cross. I crossed in front of the car to ensure any cars pulling into the road saw me, which I considered to be safer than walking behind the car where I might not been seen. I didn't realise the driver was not paying attention to her left because it was difficult to see her. As i started to cross the road, her car started moving because someone on the main road "flashed" her into a gap. She drove straight into me. I was able to walk, but was very badly shaken and upset so didn't wait around, which might have involved further confrontation with the driver. I am still badly shaken by the event and didn't realise the extent of any injuries at the time. So, MN jury, was the driver at fault, or was I?

Original poster
LimeLeaf · 28/04/2016 10:03

NoBetter, it's not true that my manoeuvre was blocked by the car turning right. We could easily have both turned at the same time, passing each other. But, I know that junction so well that cars very often cut the middle slightly. That is one of the reasons I was moving slowly so I wasn't so close to the middle as it passed. But I was moving already.

OP posts:
Original poster
LimeLeaf · 28/04/2016 10:06

I have also asked myself what I would have done in his situation. Not in a million years would I have crossed when and how he did. He wasn't even able to cross from one pavement to the other where it drops like you're supposed to, he had to leave from the raised curb edge diagonally to the other side just inches from my car and across the white junction markings because I was blocking the pavement and his path. He will have been approaching from over my left shoulder and moved around to the edge of the curb.

OP posts:
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