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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
BreakfastMuffin · 25/04/2016 22:56

Was there a need to stop? If the pedestrian kept on running and the lorry driver was still waiting for the OP to come out the junction, then neither the pedestrian or the lorry driver thought it was necessary. I think there is a difference in an accident 'slightly touching' someone or injuring, is there not?

Blistory · 25/04/2016 23:00

It's not a hit and run. He obviously glanced off your car slightly having walked in front of you, at a junction, when you were pulling out and another car was turning in. Bloody foolish of him. Pedestrians have a duty of care as well and he would likely be deemed to be way more culpable than you. You are allowed to make assumptions re whether to report to the police based on a) his actions indicating that he was not injured, b)no one else appeared to witness something that caused them concern and c)your speed was less than 5mph. Not exactly significant enough to be a hit and run.

It's a wake up call for you that others can be unpredictable but when they are more vulnerable, such as pedestrians or cyclists, you do need to be a bit more aware simply because of the potential that you have to do more harm. Never assume that it's clear just because someone else has flashed you out or left a gap. I'm sure he's okay so the best thing you can do is learn from it but don't beat yourself up too much.

Blistory · 25/04/2016 23:00

It's not a hit and run. He obviously glanced off your car slightly having walked in front of you, at a junction, when you were pulling out and another car was turning in. Bloody foolish of him. Pedestrians have a duty of care as well and he would likely be deemed to be way more culpable than you. You are allowed to make assumptions re whether to report to the police based on a) his actions indicating that he was not injured, b)no one else appeared to witness something that caused them concern and c)your speed was less than 5mph. Not exactly significant enough to be a hit and run.

It's a wake up call for you that others can be unpredictable but when they are more vulnerable, such as pedestrians or cyclists, you do need to be a bit more aware simply because of the potential that you have to do more harm. Never assume that it's clear just because someone else has flashed you out or left a gap. I'm sure he's okay so the best thing you can do is learn from it but don't beat yourself up too much.

Imaginosity · 25/04/2016 23:26

I work in motor claims

As everyone has said, you were at fault - there is a very high duty on someone driving a car to be 100% sure it's safe to proceed before moving out of a side road.

If you're pulling out of a side road there's always that small danger a pedestrian could suddenly appear and step out. It's difficult because this scenario could so easily happen to any of us.

I don't imagine the police will regard this as a hit and run. It's just one of those things. You bumped in to someone - he walked away shocked and angry - and you went on your way. You don't have to pursue him down the road. It's not like you knocked into a pedestrian and left him badly injured lying on the road and sped off - I've come across this several times at work.

If I were you I'd report it to my insurance company and follow their advice. There is a chance he might be in touch looking to claim for injuries. There's also a good chance you might never hear from him again.

MeMySonAndl · 25/04/2016 23:42

Both your fault and the pedestrian's.

You should have checked both sides before turning, he should have been more careful in crossing the street.

In the absence of traffic lights, the fault lies on both. But you are more likely to be told off as being in a car, there is an assumption that you are in a posicion if of power.,

limon · 25/04/2016 23:54

Totally your fault. Really bad driving - coukd have been a lot worse. Not expecting someone to cross so not looking and then querying whether it was your fault shows a total lack of regard for others' safety. I sugges you get some refresher training.

OptimisticSix · 26/04/2016 00:10

You are at fault but he was okay so try not to worry about it, I don't think there will be any consequences other than you being a little nervous and the man being more careful when crossing the road! I feel for you, I've had a couple of near misses with pedestrians crossing without looking and it makes you feel awful.

funniestWins · 26/04/2016 03:47

I won't bother saying you were at fault as you've been told a million times. Don't beat yourself up about it though. Just be happy it wasn't worse.

You didn't need to report it to police. You only need do so when someone other than you is injured. The fact he walked away means it is fair and reasonable for you to think he was uninjured therefore you don't legally need to report it.

You needed to wait for a reasonable length of time to provide your details to anyone who may reasonably want them, in this case, the pedestrian. As he left, you did wait a reasonable length of time.

That's coming from my brother, a Superintendent.

MattDillonsPants · 26/04/2016 04:32

This was a hit and run!

funniestWins · 26/04/2016 04:38

Did you read my post MattDillonsPants?

JerryFerry · 26/04/2016 04:55

Don't worry, I've done this twice at the bottom of my driveway. Well once the postie came flying round the corner on a bike, swerved to avoid me and went under the car. He just put a hand up, called out "All good" and clambered back on his bike cheerfully enough.

The other time a pedestrian walked across as I moved off, I had been there for ages much as you describe.. he ended up on my bonnet, slid off and stumbled away looking confused. There were several shouts from onlookers, all abusive to him. I was unsure what to do... it takes a while to sink in, but eventually continued on way as he had gone. Turned out he was a neighbour who I'd never noticed before and his wife brought me fruit later. Weird. No conversation as no English but they certainly weren't holding anything against me.

so I totally understand how it happens and how you feel. Yes technically you and I are wrong but not much you can do if they take off. Maybe you'll get fruit later?

LarrytheCucumber · 26/04/2016 06:23

A teenage boy walked out in front of my car and I hit him. It was not my fault - his friends were calling him from across the road and he didn't see me and started to cross ( he wasn't hurt). I was shaken up for the rest of the day. Luckily I was traveling slowly because of traffic. Pedestrians can be unpredictable OP, something you and I have both learnt.

MattDillonsPants · 26/04/2016 07:48

Funniest Hmm no...it looks like we posted at about the same time.

However, your brother "the superintendant: is wrong.

A hit and run is when a vehicle fails to stop having hit a pedestrian EVEN if the pedestrian gets up and leaves. Injury may not be physical or apparent...it could be nervous shock allowing them to leave the scene.

That happens often...I once saw a motorcyclist come off his bike, stand up, pick up his bike and walk away pushing it.

Some way down the lane he collapsed. He had injured his head and back but adrenalin made him move.

I will see if I can find the law on this but it is not "ok to leave" if the victim walks off.

funniestWins · 26/04/2016 07:52

He's fallible, for sure.

10 seconds googling found this:

www.lawdonut.co.uk/law/personal-law/personal-injury/road-traffic-accidents

www.citizensadvice.org.uk/consumer/transport/driving-and-parking/driving/traffic-accidents/

Both of which suggest he's right.

Of course I love telling my brothers they're wrong! Something you never grow out of.

DrE678 · 26/04/2016 08:15

The issue is that OP didn't know if he was injured as she didn't stop to find out. Not every injury would be apparent in the time it took her to drive off. She did the right thing by reporting it in case he does turn out to be injured. An accident like that even at low speed can cause injuries. The OP's actions have repeatedly been excused as shock, this could also apply to the actions of the pedestrian. As a PP said adrenalin can cover pain.

DrE678 · 26/04/2016 08:17

Sorry, I meant to add that she used a question mark after stating he was uninjured in the OP showing that she wasn't sure.

RufusTheReindeer · 26/04/2016 08:27

funniset

Number 5 on the 1st link

I think that was what my friend was worried about when it happened to her

Her 'victim' ran away (so he was guilty of hit and run Grin) but she though that someone else would ring the police and it would appear that she had hit him and just driven off herself

And until the police spoke to her it would have been logged as potential hit and run...she thought

She did try and chase him in her car for a bit to see if he was ok but realised how bad that must look....trying to finish him off

BoatyMcBoat · 26/04/2016 09:06

I hope you're OK.

Yes, it is your fault of course, but he was an idiot crossing in front of you. He should have crossed behind you - that's just basic self-preservation. So, you have my sympathy.

Original poster
LimeLeaf · 26/04/2016 09:43

Thanks everyone for the replies. I have woken up still upset and very tired as I couldn't sleep properly. I have anxiety so struggle to let things go anyway but I just feel awful about this.

I did the school run this morning and went over the junction again. My 7yo was in the car with me when it happened, sat in the front passenger seat. I hadn't thought to ask her but because we were there I asked her if she'd seen the man. She said she had and that he walked from the bottom edge of the pavement and didn't stop at any point. This makes sense as I couldn't work out where he crossed from because my car was adjacent to the pavement end and so blocking it in theory. He was also crossing diagonally to get to the other side as that junction is on a slant. That coupled with the fact I was practically at the junction explains why he crossed so close to my car.

I do resent the notion that I was 'lucky' it wasn't worse in the sense that it was by sheer chance rather than my driving skills that avoided a worse accident. It's not like I was driving at speed, didn't see him whilst he was waiting to cross and was lucky to have stopped in time. I hadn't even taken my foot off the brake, just released the pressure a little to start the procedure of getting out and as soon as I saw him I put my foot back down and stopped. I also understand that injured people can sometimes get up and carry on initially but he wasn't knocked down, I bumped him at 2 to 3 mph and he kind of moved his body a bit with the vehicle and carried on walking looking ahead the whole time. At worse he might have a bit of a bruise. The only way this was totally avoidable was if he'd stopped at the pavement edge to give me time to see him or if he'd crossed further away from my car, even by a few more inches (which wasn't possible as he would have been walking in the main road).

The reason I say I didn't expect anyone to be crossing is because I'd already checked there was nobody waiting to cross as I approached the bottom at low speed because there is a huge wall blocking vision until you're nearly at the bottom. It was clear when I stopped to check for traffic and he will have seen the nose of my car poking out whilst he approached. It's a very busy junction with poor visibility and I'm always careful there for these reasons. when I made my decision to go, it was safe at that point. I obviously understand that pedestrians can be unpredictable but that means this can happen to anyone. It's unusual for people to not stop at a pavement edge to make sure it's safe to cross.

I accept that legally the pedestrian had right of way, but I'm not sure there was anything I could have done differently. I did wait for him but he walked off at speed. I have reported it to the police and I will be taking my documents as per their instructions.

OP posts:
Spandexpants007 · 26/04/2016 09:52

At the end of the day, what ever happened its 100% your responsibility legally. If he is injured, you would be the guilty party. Not him

Spandexpants007 · 26/04/2016 09:53

Also you can guess that he's not injured but there is no way you can be sure.

Oysterbabe · 26/04/2016 09:56

You're just not willing to accept that you should have double checked before moving are you?

purplevase · 26/04/2016 09:57

This was a hit and run

How? The pedestrian walked away too!

When I was about 11 I collided with a car when I was on my bike, I just came flying out of a side road into what I thought was a one-way street but there was a point at which cars could come in my direction. I fell off my bike, the car driver asked me if I was ok and we both went on our way. Was that a hit and run too?

purplevase · 26/04/2016 09:57

what ever happened its 100% your responsibility legally

not true - there is a concept of contributory negligence.

Original poster
LimeLeaf · 26/04/2016 09:58

I was already moving when he decided to cross. I had checked when I approached the junction. There was nobody there.

OP posts: